







































Class 

Book 
















































































































Initiative and Referendum Publicity Pamphlet 
State of Arizona 


A PAMPHLET 

Containing a Copy of All the 

PROPOSED AMENDMENTS TO THE CONSTITUTION, 

Proposed by the Legislature and Proposed by Initiative Petition 

and 

MEASURES PROPOSED BY INITIATIVE PETITION, 

To be submitted to the Qualified Electors of the State of Arizona for 

their Approval or Rejection at the 

REGULAR GENERAL ELECTION 

to be held on 

THE SEVENTH DAY OF NOVEMBER, 1916 

Together with the Arguments filed, favoring and opposing certain of 

said measures 

/ L >" 7 'h 7* 2* 


Compiled and issued by 

SIDNEY P. OSBORN, Secretary of State 

(Publication authorized under Par. 3332, Chapter 1, Title XXII, Re¬ 
vised Statutes of Arizona, 1913, Civil Code.) 

. rrcA- ' TLfuX ,t W yj 4 Z* l is > 





























































Pamphlet Containing Measures to Be 




PROPOSED AMENDMENT OF THE CONSTITUTION OF THE 

STATE OF ARIZONA. 

AN ACT TO AMEND SUBDIVISION 5, OF SECTION 1, OF 
ARTICLE IV, OF THE CONSTITUTION OF THE STATE OF ARI¬ 
ZONA, AND TO PROVIDE FOR THE SUBMISSION OF SUCH PRO¬ 
POSED AMENDMENT TO THE PEOPLE OF THE STATE OF 
ARIZONA. 


To be submitted to the qualified electors of the State of Arizona for 

their approval or rejection at the 

REGULAR GENERAL ELECTION 


to be held 


ON THE SEVENTH DAY OF NOVEMBER, 1916. 


Referred to the people by the Legislature and filed in the office of the 
Secretary of State, March 16, 1915, in accordance with the 
provisions of Paragraph 3328, Chapter I, Title XXII, 

Revised Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, 
Revised Statutes of Arizona, 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will be 
printed on the official ballot: 


PROPOSED AMENDMENT TO THE CONSTITUTION. 
PROPOSED BY THE LEGISLATURE. 


AN ACT TO AMEND SUBDIVISION 5, OF SECTION 1, OF AR¬ 
TICLE IV, OF THE CONSTITUTION OF THE STATE OF ARIZONA, 
AND TO PROVIDE FOR THE SUBMISSION OF SUCH PROPOSED 
AMENDMENT TO THE PEOPLE OF THE STATE OF ARIZONA. 
“Initiative and Referendum Measures to become laws when approved 
by a majority of the total vote cast at election.” 


If you favor the above law, vote YES; if opposed, vote NO. 


100 Yes. 


101 No. 


D. of D. 
SEP £ > 1916 















Submitted to the Electors of Arizona, November 7, 1916. 


12 


ARGUMENT. 

(Affirmative.) 

Submitted by 

DR. H. K. BEAUCHAMP, Phoenix, Arizona. 

In fav or of the measure designated on the official ballot as follows: 

PROPOSED BY INITIATIVE PETI TIO N._ 

AN ACT 

TO AMEND PARAGRAPHS 3859 AND 3860, CHAPTER IV, 
TITLE 32, REVISED STATUTES OF ARIZONA, 1913, CIVIL CODE, 
RELATING TO ABSOLUTE DIVORCE. 

If you favor the above law, vote YES; if opposed, vote NO. 

308 Yes. . 

309,N o. _ ~ _ 

ARGUMENT 

IN FAVOR OF PROPOSED AMENDMENT TO DIVORCE LAW: 

This law as submitted contains the same causes for divorce as in 
the present law, with additional grounds as set out in Paragraphs 4, 6 
and 10. 

Paragraph 4 provides that if one of the parties to a marriage is 
adjudged or determined by a court or commission of competent juris¬ 
diction to be insane the court can, at its discretion, grant a divorce. 
The experience of physicians and persons who are students of the di¬ 
vorce question have secured the adoption of such a law in nearly all of 
the States in the Union. The incurable insanity of a head of a family 
always works a serious hardship upon the wife and especially the chil¬ 
dren of any such marriage as under the present law it is impossible for 
the wife to secure a divorce and re-marry, and she and her children 
are deprived of an opportunity to have a home. 

Paragraph 6 is added to the present divorce law and provides that 
when either party to a marriage becomes addicted to the drug habit it 
shall be one of the grounds of divorce. No argument is necessary re¬ 
garding this paragraph as the tying up by the bonds of matrimony for 
life and compelling either party to a marriage to live and raise children 
under such circumstances is a crime against nature, and would result 
in the raising of children who would be mentally and physically de- 
fiicient. 

Paragraph 10 has been added to the present law and provides as a 
ground for divorce if at the time of marriage a party to a marriage is 
afflicted with an incurable venereal disease or a similar contagious dis¬ 
ease without the knowledge of the other party. This provision is con¬ 
tained in the divorce laws of practically every State in the Union and 
is endorsed by all eugenic societies and physicians, and many states' 
eugenic societies have secured the passage of laws which call for phy¬ 
sical examinations before marriage for the purpose of preventing the 
marriage of people who are afflicted with diseases as described in this 
section. The marriage of persons afflicted with incurable venereal and 
similar contagious diseases inevitably results in not only ruining the 
life and health of the other party to the marriage, but has been the 
means of bringing into the world children who are both mentally and 
physically deficient, and who have been a charge upon the communi¬ 
ties where they live. 

The passage of this law will place Arizona in a position to protect 
its present manhood and womanhood’ and particularly its future gen¬ 
erations, and is a step forward to providing safe family relations and 
happy homes. DR. H. K. BEAUCHAMP. 






















INDEX 


CONSTITUTIONAL AMENDMENTS: Page. 

Ojj 

An Act to Amend Sub. 5, Sec. 1, Art. IV, Arizona. (Initia¬ 
tive & Referendum measures to become laws when ap¬ 
proved by majority of total vote cast at election. 2— 3 

Negative Argument . 4 

An Amendment of Sec. 2, Art. 9, (Exemptions from Taxation) 5— 6 
Amending Constitution by adding another Art. XXIV. (Pro¬ 
hibition) .*. 7— 8 

Affirmative Argument . 9-11 

Amendment to Art IV, (Legislative redistricting).12-14 

Affirmative Argument .15—18 

Amending Constitution by adding another Section known as 

Sec. 4, Art. XXIII. (Local Option).....19-21 

Negative Argument ....22-24 

Act to Amend Art. IV, (Abolishing State Senate)...63-64 

Affirmative Argument.64 

Workmen’s Compensation Act.25—61 

Affirmative Argument . 61—62 


INITIATIVE MEASURES: 

An Act amending Par. 173, Chap. 1, Title VIII, Penal Code. 

(Abolishing death penalty) . .....65 

An Act creating Department of Labor..................66-69 

Affirmative Argument . ...............70 

An Act to establish office of State Architect and Supt. of 

Building .......... .....71-72 

Affirmative Argument .........73 

An Act amending Par. 654 and 670, Title XVIII, Penal Code. 

(Fish and Game Law) ..............74-75 

Negative Argument .76 

An Act amending Par. 3859 and 3860, Chap. IV, Title 32 

Civil Code. (Relating to absolute divorce).....77—78 

: ' Affirmative Argument -..J.....V.....!.......‘......I'.'...-:..-..;...........79 

: - - . '•:.■■■ ■ : .it ::r ■ ■' • ,• .. . . ; 

REFERENDUM: ' ’ 

y * "• ! f' ' • ‘ i, ^ {*i ~J_ ' «. '• • . - r . . 

An Act to amend Sub. 5, Sec. 1, Art. V, Constitution State 
of Arizona. (Initiative & Referendum measures to be¬ 
come laws when approved by majority of total vote cast 
at election.) ...... 2- 3 

• j - 

Negative Argument ............ 4 

An amendment to Sec. 2, Art. 9, Const. State of Arizona 

(Exemptions from taxation) .5- 6 


Press of R. A, Watkins Printing Co., Phoenix 



























































































































Submitted to the Electors of Arizona, November 7, 1916. 


3 




f 


(On Official Ballot Nos. 100 and 101.) 


CHAPTER 70. (Senate Bill No. 32.) 


AN ACT 


TO AMEND SUBDIVISION 5, OF SECTION 1, OF ARTICLE IV, 
OF THE CONSTITUTION OF THE STATE OF ARIZONA, AND TO 
PROVIDE FOR THE SUBMISSION OF SUCH PROPOSED AMEND¬ 
MENT TO THE PEOPLE OF THE STATE OF ARIZONA. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF 
ARIZONA: 


Section 1. That it is hereby proposed that Subdivision 5, of Sec¬ 
tion 1, of Article IV, of the Constitution of the State of Arizona shall 
be amended so as to read as follows: 


ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

I. INITIATIVE AND REFERENDUM. 

(5) Any measure or amendment to the Constitution proposed 
under the initiative, and any measure to which the referendum is 
applied, shall be referred to a vote of the qualified electors, and shall 
become a law when approved by a majority of the total vote of electors 
voting at said election and upon proclamation by the Governor, and 
not otherwise.” 

Sec. 2. The said proposed amendment as set forth in Section 
1 of this act is hereby approved, in acordance with the provisions of 
Section 1, of Article XXI of the Constitution of Arizona. 

Sec. 3. When said proposed amendment shall be approved by a 
majority of each House of the Legislature, and entered on the re¬ 
spective journals thereof, together with the ayes and nays thereon, the 
Secretary of State shall submit such proposed amendment to the vote 
of the people at the next regular or general election. 

Passed the Senate February 17, 1915. 

Passed the House March 6, 1915. 

Filed March 16, 1915. 


SIDNEY P. OSBORN, Secretary of State. 




Pamphlet Containing Measures to Be 


A 




ARGUMENT. 

(Negative.) 

Submitted by 

ARIZONA STATE FEDERATION OF LABOR 
In opposition to the measure designated on the official ballot as follows: 

PROPOSED AMENDMENT TO THE CONSTITUTION. 
PROPOSED BY THE LEGISLATURE. 


AN ACT TO AMEND SUBDIVISION 5, OF SECTION 1, OF AR¬ 
TICLE IV, OF THE CONSTITUTION OF THE STATE OF ARIZONA, 
AND TO PROVIDE FOR THE SUBMISSION OF SUCH PROPOSED 
AMENDMENT TO THE PEOPLE OF THE STATE OF ARIZONA. 
“Initiative and Referendum Measures to become laws when approved 
by a majority of the total vote cast at election.” 

If you favor the above law, vote YES; if opposed, vote NO. 

100 YesT 

101 No. 

ARGUMENT AGAINST PROPOSED AMENDMENT. 

This amendment abolishes the initiative and referendum and re¬ 
stores ring rule, as it leaves the unrestricted power of legislation in 
the legislature. IT REQUIRES A MAJORITY OF ALL THE VOTES 
CAST IN AN ELECTION, which would make legislative action by the 
people difficult and almost impossible. 

If the amendment is so beneficial, why should other States be adopt¬ 
ing our present system and doing away with the old? If so wise, why 
are officials of the Nation and the State chosen by a plurality 
vote? The present National administration, including congress, holds 
office by a mere plurality vote. PROHIBITION as popular as it was 
WOULD NEVER HAVE BEEN ADOPTED IN ARIZONA HAD THIS 
AMENDMENT BEEN IN FORCE. 

If this amendment had been in force in 1912, the railroad bills 
would not have become effective. If it had applied to candidates, 
there would have been no congressman and no presidential electors. 
In 1915, PROHIBITION WOULD HAVE FAILED, and if it applied to 
candidates but six would have been elected. 

The proposed amendment would cheat the people of their birth¬ 
right, because a small body of voters through ignorance, negligence or 
malevolence fail to mark their ballot, and EVERY BALLOT NOT 
MARKED WILL COUNT as a vote AGAINST any measure proposed. 

It is absurd to claim that the people as a whole are not as intelli¬ 
gent or as able as the members of a legislature. It is ridiculous to 
assert, as the advocates of this measure do, that the initiative leads to 
more ill-advised legislation than the representative system. The his¬ 
tory of the whole United States consists of one very long account of 
legislation, passed by legislatures, which courts have declared unconsti¬ 
tutional. The Eighty Per Cent and the Mothers’ Pension laws were 
thrown out, but what are these as compared to the great mass of legis¬ 
lature—legislation declared void or requiring technical court interpreta¬ 
tion on account of its unintelligent composition. 

Truly it is a rash commentary on Arizonans to say that the Legis¬ 
lature is wise, but the People are foolish. The people will make errors 
in passing legislation, whether they adopt it by a majority or plurality, 
but as they become more accustomed to the exercise of their franchise 
they will seek out the merits or demerits in a measure, and vote as 
judgment dictates, which is more than c an be hoped for from some legis¬ 
latures. ARIZONA STATE FEDERATION OF LABOR. 

B. T. WILKINSON, President. 













Submitted to the Electors of Arizona, November 7, 1916. 


5 


PROPOSED AMENDMENT TO THE CONSTITUTION OF THE 

STATE OF ARIZONA. 

AN ACT APPROVING AND PROPOSING TO THE PEOPLE OF 
THE STATE OF ARIZONA AN AMENDMENT OF SECTION 2, AR¬ 
TICLE 9, OF THE CONSTITUTION OF THE STATE OF ARIZONA, 

To be submitted to the qualified electors of the State of Arizona for 

their approval or rejection at the 

REGULAR GENERAL ELECTION 

to be held 

ON THE SEVENTH DAY OF NOVEMBER, 1916. 

Referred to the people by the Legislature and filed in the office of the 
Secretary of State, March 16, 1915, in accordance with the 
provisions of Paragraph 3328, Chapter I, Title XXII, 

Revised Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, 
•Revised Statutes of Arizona, 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will 
be printed on the official ballot: 


PROPOSED AMENDMENT TO THE CONSTITUTION. 
PROPOSED BY THE LEGISLATURE. 


APPROVING AND PROPOSING TO THE PEOPLE OF THE 
THE STATE OF ARIZONA AN AMENDMENT OF SECTION 2, AR¬ 
TICLE 9, OF THE CONSTITUTION OF THE STATE OF ARIZONA. 
“Exemptions from Taxation.” 


If you favor the above law, vote YES; if opposed, vote NO. 


102 Yes. 


103 No. 













6 


Pamphlet Containing Measures to Be 


(On Official Ballot Nos. 102 and 103.) 


CHAPTER 69. (Senate Bill 79.) 


AN ACT 


APPROVING AND PROPOSING TO THE PEOPLE OF THE 
STATE OF ARIZONA AN AMENDMENT OF SECTION 2, ARTICLE 
9, OF THE CONSTITUTION OF THE STATE OF ARIZONA. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF 
ARIZONA: 


Section 1. That there is hereby approved, proposed and sub¬ 
mitted to the people of the State of Arizona, an amendment to Sec¬ 
tion 2, Article 9, of the Constitution of the State of Arizona, so that 
said section as amended shall read as follows: 

Sec. 2. That there shall be exempted from taxation all Federal, 
State, county and municipal property. Property of educational, char¬ 
itable, and religious assocations or institutions not used or held for 
profit may be exempted from taxation by law. Public debts, as evi¬ 
denced by the bonds of Arizona, its counties, municipalities, or other 
subdivisions, shall also be exempt from taxation. There shall further 
be exempt from taxation, the property of widows, residents of this 
state, not exceeding the amount of two thousands dollars, where the 
total assesments of such widow does not exceed five thousand dollars. 
All property in the State not exempt under the laws of the United 
States or under this constitution, or exempted by law under the pro¬ 
visions of this section, shall be subject to taxation to be ascertained as 
provided by law. This section shall be self-executing. 

Sec. 2. When said proposed amendment shall be approved by a 
majority of each House of the Legislature and entered on the re¬ 
spective journals thereof, together with the ayes and nays thereon, the 
Secretary of State shall submit such proposed amendment to the vote 
of the people at the next regular or general election. 

Passed the Senate March 9, 1915. 

Passed the House March 11, 1915. 

Filed March 16, 1915. 


SIDNEY P. OSBORN, Secretary of State. 



Submitted to the Electors of Arizona, November 7, 1916. 


7 


PROPOSED AMENDMENT TO THE CONSTITUTION OF THE 

STATE OF ARIZONA. 


THAT THE CONSTITUTION OF THE STATE OF ARIZONA BE 
AND IS HEREBY AMENDED BY ADDING THERETO ANOTHER 
ARTICLE, THE SAME TO BE NUMBERED XXIV. 


To be submitted to the qualified electors of the State of Arizona for 

their approval or rejection at the 


REGULAR GENERAL ELECTION 


to be held 


ON THE SEVENTH DAY OF NOVEMBER, 1916. 

Proposed by Initiative petition of the people and filed in the office of 
the Secretary of State, July 6, 1916, in accordance with the 
provisions of Paragraph 3328, Chapter I, Title XXII, 

Revised Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, 
Revised Statutes of Arizona, 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will 
be printed on the official ballot: 


PROPOSED AMENDMENT TO THE CONSTITUTION. 
PROPOSED BY INITIATIVE PETITION. 


THAT THE CONSTITUTION OF THE STATE OF ARIZONA BE 
AND IS HEREBY AMENDED BY ADDING THERETO ANOTHER 
ARTICLE, THE SAME TO BE NUMBERED XXIV, “Prohibition.” 

If you favor the above law, vote YES; if opposed, vote NO. 


104 Yes. 


105 No. 












8 


Pamphlet Containing Measures to Be 


(On Official Ballot, Nos. 104 and 105.) 


AMENDMENT TO THE CONSTITUTION OF THE STATE OF 

ARIZONA. 


BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA: 


That the constitution of the State of Arizona be and is hereby- 
amended by adding thereto another article, the same to be numbered 
XXIV, and to read as follows, to-wit: 

Section 1. It shall be unlawful for any person in the State of 
Arizona to receive, or cause to be received, from without the State of 
Arizona, for any purpose, any ardent spirits, ale, beer, wine or intoxi¬ 
cating liquors of any kind, and it shall be unlawful for any person in 
the State of Arizona to have in his posession, for any purpose, any ar¬ 
dent spirits, ale, beer, wine, or intoxicating liquors of any kind, which 
he has introduced or caused to be introduced into the State of Arizona, 
and it shall be unlawful for any person to transport or cause to be 
transported, within the State of Arizona, any ardent spirits, ale, beer, 
wine, or intoxicating liquors of any kind, provided, that it shall be 
lawful for any regularly ordained priest or clergyman of an established 
church to receive, transport and possess wine to be used only for 
sacramental purposes, and provided further, that the University of Ari¬ 
zona, through its Board of Regents, may introduce, receive, transport 
and possess grain alcohol for scientific uses, and may use and may dis¬ 
tribute such alcohol under such restrictions and regulations as said 
Board of Regents may from time to time adopt, to other institutions of 
research and learning, for scientific uses. And provided further, that 
nothing herein shall prevent the introduction, transportation and 
possession of denatured alcohol. 

Sec. 2. Every person who shall violate any provision of section 
one of this article or any rule or regulation made thereunder, shall be 
guilty of a misdemeanor, and shall be imprisoned for not less than ten 
days, nor more than two years, and fined not less than twenty-five 
dollars and costs, and not more than three hundred dollars and costs 
for each offense; and the liquors received, transported or possessed in 
violation of section one of this article or manufactured, introduced, or 
disposed of in violation of article XXIII of this constitution, shall be by 
the court ordered publicly destroyed. 

Filed July 6th, 1916. 


SIDNEY P. OSBORN, Secretary of State. 



Submitted to the Electors of Arizona, November 7, 1916. 


9 


ARGUMENT 

(Affirmative) 

Submitted by 

TEMPERANCE FEDERATION OF ARIZONA 
In favor of the measure designated on the official ballot as follows: 

PROPOSED AMENDMENT TO THE CONSTITUTION. 
PROPOSED BY INITIATIVE PETITION. 


THAT THE CONSTITUTION OF THE STATE OF ARIZONA BE 
AND IS HEREBY AMENDED BY ADDING THERETO ANOTHER AR¬ 
TICLE, THE SAME TO BE NUMBERED XXIV, “Prohibition.” 


If you favor the above law, vote YES; if oposed, vote NO. 


104 Yes. 


105 No. 


TEXT. 

An amendment to the Constitution of the State of Arizona, Pro¬ 
hibiting the receiving from without the State, the possession, by a per¬ 
son introducing into the State, the transportation within the State of 
Arizona, of ardent spirits, ale, beer, wine, or intoxicating Vquors, and 
providing for the destruction of liquors used in violation of above pro¬ 
visions. 

ARGUMENT. 

(Affirmative.) 


The Prohibition Amendment adopted at the last election was emi¬ 
nently satisfactory to the people of Arizona. Until changed by the 
Court it was an absolute success. The sole purpose of 
Aim of this proposed amendment is to meet the objections of 

Amendment the Court and get the law back precisely to where it was 
before. It is only a question of voting for what was car¬ 
ried at the last election. On the advice of the best attorneys in the 
State this form of amendment is proposed and it is guaranted to stand 
the test. 












10 


Pamphlet Containing Measures to Be 


The recent decision of the State Supreme Court held that our Pro¬ 
hibition Amendment permits the introduction of liquor for personal use. 

This ruling defeats the object of our Constitution; for 
Need for the ultimate end and purpose of a prohibitory law is to 
this prevent the use of liquor as a beverage. The inevitable 

Amendment, consequence of the use of intoxicatingdiquor is intemper¬ 
ance, and that is productive of a large per cent of crime, 
and of injury to health and morals, and industry. If, therefore, liquors 
can be introduced for personal use, intemperance is not prevented, and 
cooperative clubs, unrestricted and unlicensed, are as great a menace 
and detriment as the open saloon. Therefore, to close up this gap of 
personal use through which intoxicating liquors are now flowing in great 
and increasing quantities, which permits everyone that can pay the 
price, to have and to consume as much liquor as he wishes; to be in a 
chronic state of alcoholization; or to indulge in as many “jags” as pos¬ 
sible; it becomes necessary to adopt this proposed amendment. 

The Proposed Amendment does not prohibit the use of intoxicating 
liquors, nor does it prohibit the possession except as it may be intro¬ 
duced for that purpose, and then it prohibits possession 
Use not Pro- only by the person introducing the liquor. This clause 
hibited. Nor is necesary to bring the prohibitory introduction under 
Possession the Webb-Kenyon law. This provision together with the 

Except in one forbidding transportation from one part of the State 

One Instance, to the other, will simplify the present problem of illegal 
introduction and sale, by making it very difficult for boot¬ 
leggers to bring in and to dispose of intoxicating liquor. The framers 
of the Amendment followed in the way pointed out by the Courts. So 
far as possession is concerned it does not touch liquors already within 
the State, nor does it touch the liquor acquired in any other way, ex¬ 
cept by introduction. 


The Courts would make exceptions for sacramental wine, as it is a 
mode of religious worship, if it were not made here. A law without 
this exception would be inoperative in this particular. 
What the United States Constitution and Court decisions 
guarantee we cannot take away. This amendment must 
stand the test before the Courts. Scientists and students 
of research are also permitted pure grain alcohol for such 
experiments requiring its use. 


Provisions 
for Sacra¬ 
mental and 
Scientific 
Purposes. 


Experience has proved that no State has been able to pass laws 
sufficiently adequate for the use, and for preventing the abuse of 
alcohol for pharmaceutical purposes. In Seattle, Wash- 
Drug Stores, ington, forty new drug store licenses were taken out in 
one month. “Some of these stores being no larger than a 
hole in the wall.” Recently $2,500.00 worth of liquor was seized from 
drug stores in Seattle, and there are many other instances showing that 
the privilege is greatly abused. Drug stores will be able to have every 
tincture known to the United States pharmacopoeia shipped in. 

The short time in which the prohibition amendment had a fair trial 
it vindicated its right to a perpetual existence. Our “personal use” 
period of prohibition has shown the farce of temporizing 
The Issue. with the evil. The issue is clear. Do we want what we 
voted for? 



Submitted to the Electors of Arizona, November 7, 1916. 


11 


The first Saturday night after Prohibition went into effect the 
bakeries in all the large cities were sold out by six o’clock and the 
grocery stores did a holiday trade. The merchants are 
almost unanimous in saying their business has increased, 
and payments improved. The banks show a great gain in 
deposits. Stores formerly used as saloons are now occu¬ 
pied by other lines of business. Picture shows have in¬ 
creased in number and attendance. Crime has decreased 
by a large per cent. The $10,000,000.00, annually which was formerly 
spent for liquors has remained in the State, adding to our material 
wealth and prosperity, to the health and happiness of our citizens and 
the education of our children. 


Has Prohibi¬ 
tion Been a 
Success for 
Arizona ? 


To be sure the licenses of our States amounted to a substantial 
sum, but if our prohibition law is properly enforced this sum is counter¬ 
balanced by fines and by the saving in the welfare de- 
Loss of Li- partments of the State, that is, the reduced cost of 

censes Coun- sheriff and police officers, the prisons, jails, and reform 
ter-balanced school and the county poor. During the first six months 
by Savings in of prohibition there were no murders or attempts to kill 
Welfare. in Pinal County, as compared with seventeen in the same 
time before prohibition. Can ai?.y money value be 
placed on this saving of life? But even should prohibition be an ex¬ 
pense to the State, a far greater expense than it ever could be, would 
this sum or any sum pay the price for the murders, the debauched young 
men, the ruined girls, the blasted ambition and the lost souls? 

Are the citizens of Arizona so cheap, are the husbands and sons of 
so little value that for a paltry sum they can be bartered and sold to the 
liquor interests? Answer this with your vote. 


Respectfully submitted, 


TEMPERANCE FEDERATION OF ARIZONA. 



12 


Pamphlet Containing Measures to Be 


PROPOSED AMENDMENT OF THE CONSTITUTION OF THE 

STATE OF ARIZONA. 

AN ACT TO AMEND ARTICLE IV OF THE CONSTITUTION OF 
THE STATE OF ARIZONA. 

To be submitted to the qualified electors of the State of Arizona for 

their approval or rejection at the 

REGULAR GENERAL ELECTION 


to be held 

• •- .. ? ; ' ;• :: .. ' : * • •• 

ON THE SEVENTH DAY OF NOVEMBER, 1916. 

Proposed by initiative petition of the people and filed in the office of the 
Secretary of State, July 6, 1916, in accordance with the pro¬ 
visions of Paragraph 3328, Chapter I,* Title XXII, 

Revised Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter I, Title XXII. 
Revised Statutes of Arizona, 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will 
be printed on the official ballot: 


PROPOSED AMENDMENT TO THE CONSTITUTION. 
PROPOSED BY INITIATIVE PETITION. 


AN ACT TO AMEND ARTICLE IV OF THE CONSTITUTION OF 
THE STATE OF ARIZONA. “Legislative Redistricting.” 

If you favor the above law, vote YES; if opposed, vote NO. 

106 Yes. 

t 

. 107 No. 


s 














Submitted to the Electors of Arizona, November 7, 1916. 


13 


(On Official Ballot Nos. 106 and 107.) 


AN ACT 


TO AMEND ARTICLE IV OF THE CONSTITUTION OF THE STATE 

OF ARIZONA. 


BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA: 

That Section 1 of Subdivision 2 of Article IV of the Constitution 
of the State of Arizona, be, and the same is hereby amended so as to 
read as follows: 

“Section 1. The Senate shall consist of not less than nineteen 
members and the House of Representatives of not less than thirty-five 
members. Senators and representatives shall be apportioned among 
the several counties as follows: 

“There shall be elected from each county, at large, one senator for 
each five thousand votes cast in such county for the office of Governor 
at the last preceding general election, to be determined from the 
official convass of all votes cast for all candidates for said office; pro¬ 
vided, however, that not less than one senator nor more than two 
senators shall be elected from any county. 

“There shall be elected from each county, in the manner herein¬ 
after directed, one representative for each one thousand five hundred 
votes cast in such county for the office of Governor at the last general 
election, to be determined as above directed; provided, however, that 
no county shall have a smaller number of representatives than that to 
which it is now entitled. 

“Within six months from the time this amendment is declared 
adopted, the Board of Supervisors of each county entitled to more than 
one representative shall divide such county into as many legislative 
districts as there may be representatives to be elected from such 
county, and each of such districts shall be entitled to elect one repre¬ 
sentative. Such division shall be so made that the legislative districts 
within a county shall contain, as nearly as may be, the same voting 
population. Such districts shall be compact in form, and no such dis¬ 
trict shall include non-contiguous portions of any county. Before 
establishing such districts the Board of Supervisors shall give at least 
thirty days notice of their intentions so to do, by publishing the same in 
two successive issues of some newspaper of general circulation pub¬ 
lished in such county. The order of the Board of Supervisors estab¬ 
lishing such districts shall clearly and explicitly define the boundaries 
thereof, and shall be entered at large on the official records of the pro¬ 
ceedings of such Board. 

“Any such county shall be redistricted by such Board of Super¬ 
visors not less than six months prior to each regular election for rep¬ 
resentatives, when by reason of the number of votes therein cast for 




14 


Pamphlet Containing Measures to Be 


the office of Governor at the last preceding general election, it shall 
be entitled to a greater number of representatives. In counties entitled 
to but one representative, such representative shall be elected from the 
county at large.” 

That Section 3 of Subdivision 2 of Article IV of the Constitution 
of the State of Arizona, be, and the same is hereby amended so as to 
read as follows: 

“Section 3. The sessions of the Legislature shall be held bien¬ 
nially at the capitol of the state, and shall commence on the second 
Monday of January next after the election of members of the Legis¬ 
lature. The Governor, or a majority of the members of the Legisla¬ 
ture, may call a special session whenever in his, or their, judgment is 
advisable. In calling such special session, the Governor, or the mem¬ 
bers of the Legislature calling the same, shall specify the subjects to 
be considered at such session, and at such session no laws shall be 
enacted except such as relate to the subjects mentioned in such call. 
Calls for special sessions shall be filed in the office of the Secretary of 
State at least ten days prior to the date mentioned therein as being 
the date upon which such session shall convene. Forthwith, upon the 
filing of any such call, the Secretary of State shall cause copies thereof, 
certified under the seal of the state, to be transmitted by registered 
mail to all members of the Legislature.” 

That Section 21 of Subdivision 2 of Article IV of the Constitu¬ 
tion of the state of Arizona, be, and the same is hereby amended so as to 
read as follows: 

“Section 24. The terms of office of members of the Fourth Legis¬ 
lature and all succeeding Legislatures, shall be four (4) years. Special 
elections shall be called in any county or legislative district for the 
purpose of electing a member of the Legislature from such county or 
district to fill any vacancy caused by the death, resignation or removal 
of the member regularly elected from such county or district.” 

That Section 22 of Subdivision 2 of Article IV of the Constitution 
of the State of Arizona, be, and the same is hereby amended so as to 
read as folows: 

“Section 22. Members of the Legislature shall receive mileage 
one way by the shortest practicable route at the rate of twenty cents 
per mile, payable at the opening of any regular or special session of the 
legislature, and shall be paid an annual salary of four hundred dollars 
per annum, payable biennially upon the adjournment of the regular 
session of the legislature, upon warrants drawn by the State Auditor, 
but no such payment shall be made to any member who shall have failed 
to attend any session of the Legislature, unless such member shall have 
been excused from such attendance by resolution adopted by a ma¬ 
jority of the house of which he is a member. In case of the unexcused 
absence of any member, continuing for a period of ten (10) days or 
longer, his seat shall be declared vacant and a special election shall be 
called to elect his successor.” 

Filed July 6th, 1916. 

SIDNEY P. OSBORN, Secretary of State. 




Submitted to the Electors of Arizona, November 7, 1916. 


15 


ARGUMENT. 

(Affirmative.) 

Submitted by 

W. M. ADAMSON, Douglas, Arizona. 

In favor of the measure designated on the official ballot as follows: 


PROPOSED AMENDMENT TO THE CONSTITUTION. 
PROPOSED BY INITIATIVE PETITION. 

AN ACT TO AMEND ARTICLE IV OF THE CONSTITUTION OF 
THE STATE OF ARIZONA. “Legislative Redistricting.” 

If you are in favor of the law, vote YES; if opposed, vote NO. 

106 Yes. 

107 No. 


ARGUMENT. 

The proposed amendment to our State Constitution providing for 
the election of members of our State Legislature by legislative dis¬ 
tricts is not an innovation; it is in effect in many of our States. It is 
based on the same principle and follows the same rule that has been in 
effect since the formation of our government in the election of senators 
and representatives to our National Congress. Senators are elected 
from the states at large, and Representatives from Congressional Dis¬ 
tricts. 

In this proposed amendment the apportionment is so made, and it 
is definitely stated, that no county shall have less representation in the 
State Legislature than it has at present, but it provides for an increase 
in the representation when the population of the County justifies it. 
The constitutional provision now in effect does not make any allow¬ 
ance for increase in representation with the growth of population in 
this State. The proposed amendment gives each county equitable rep¬ 
resentation, and provides a system of Home Rule by which every sec¬ 
tion of the State can have its representation in the Legislature, so that 
each particular locality of fifteen hundred voters shall have a repre¬ 
sentative to look after its interests. 

When you consider the diversified resources of some of our coun¬ 
ties this feature of the amendment is particularly desirable. It is a 
means of securing the best qualified men in each locality to become 
candidates for the Legislature, for the reason that in small districts 
of fifteen hundred voters, where a man is known to every voter in the 
district, his qualifications to represent a particular district in the Legis¬ 
lature will be the consideration with the great bulk of the voters rather 
than his political affiliation. 













16 


Pamphlet Containing Measures to Be 


How many voters can call by name or know anything of the men 
from their respective counties who represented them in the last Legis¬ 
lature. We venture to say a very small number of the voters know 
even the names, much less the qualifications, of their representatives, 
who make the laws that govern them, and who provide for the expendi¬ 
ture of the millions of dollars collected in taxes in this State. They 
were elected at large from the counties, and the average voter voted 
for them simply because their names appeared on the ticket he usually 
voted, no attention whatever being paid to their qualifications. 

Mr. Voter, ask yourself this question: Who represented me in the 
Legislature last session? If these men were elected by legislative dis¬ 
tricts of fifteen hundred voters, every voter in the District would be 
intimately acquainted with his representative and his qualifications for 
the position, every section of your county would have equitable repre¬ 
sentation, and the more populous section would have no advantage 
over the more thinly populated portions of the county. Each would 
have an equal chance to elect its own representatives. 

The Constitution of this State grants women the right of suffrage 
and this necessarily carries with it the right to hold office. The Legis¬ 
lature is a fruitful field for the activities of women interested in political 
affairs, but it is almost a physical impossibility for a woman to make a 
campaign over a county larger than an eastern state for the sake of 
being elected to the Legislature, which meets for sixty days every two 
years. The election by legislative districts makes it possible for more 
women to be elected to the Legislature. 

This same argument applies to the average business or profes¬ 
sional man. He has not and will not give the time from his business, 
no matter what it may be, to make a campaign over one of those large 
counties. Thus the state is deprived of the services of men and women 
competent to make our laws and appropriations for the conduct of our 
State government running into millions of dollars. The question of 
who shall represent you in the Legislature is a serious one and one de¬ 
serving of more thought and attention than it has heretofore received 
from the majority of the voters of this State. 

This proposed amendment provides for an annual salary for mem¬ 
bers of the Legislature, rather than the present system of a per diem 
allowance. This eliminates the incentive to delay public business for 
the purpose of forcing the executive to call special sessions of the 
Legislature, so that the members may continue to draw their per diem 
allowance from the State treasury. 

Our first State Legislature met according to law on January 18, 
1912, and between that date and June 1, 1915, we have had two regular 
and five special sessions. As far as we know, only two other states in the 
Union had one extra session each in the same space of time. You will 
admit that there is something radically wrong when this State, with the 
smallest population of any State in the Union except one, shall have 
two regular and five special sessions of the legislature between January 
18, 1912, and June 1, 1915. 

These sessions of the Legislature cost the tax payers two hundred 
sixty-three thousand two hundred eighty dollars and sixty-four cents 
($263,280.64), of which one hundred sixteen thousand four hundred and 




Submitted to the Electors of Arizona, November 7, 1916. 


17 


twenty-four dollars ($116,424*00) was paid in salaries to members of 
the Legislature, and the remaining one hundred forty-six thousand 
eight hundred fifty-six dollars'and sixty-four cents ($146,856.64) was 
paid for attaches, mileage and incidentals. These figures are taken 
from the records of the State Auditor’s office and can be verified by 
any one interested. 

What have the voters of this State received for this expenditure 
of more than a quarter of a million of dollars? Do you know the 
names of your representatives' in the Legislatures who profited to 
this extent by your votes? By the adoption of the proposed amendment 
there is no possibility of such a condition arising. There would be no 
need of extra special sessions of the Legislature unless some extraor¬ 
dinary condition should arise in this State that would justify the ex¬ 
ecutive in calling the members of the Legislature together. Then, being 
on an annual salary, and receiving only mileage for this extra work, 
they would naturally get through with their business in the shortest 
possible time, and there would be no large expense for attaches. 

Under our form of government the Legislature, like the judiciary 
being entirely independent of the executive department, we have made 
the term of office four years, thus enabling a man to better serve his 
constituents by reason of his experence along legislative lines. Mem¬ 
bers of the Legislature only serve sixty days every two years. A four 
year term gives a man an opportunity to become familiar with the 
needs of his district. It enables his constituents to confer with him 
regarding the needs of his district, and gives him ample time to prepare 
the necessary bills for introduction at the next session of the Legis¬ 
lature. 

Under the provisions of our present Constitution, members of the 
Legislature are the only officials in this State who are practically ex¬ 
empt from the Recall. A man elected in November assumes office the 
following January when the Legislature convenes, and his services or¬ 
dinarily are completed sixty days later. It is manifestly impossible to 
recall a member of the Legislature in a large county of ten of twelve 
thousand voters before his term of service expires. Besides, it would 
be impossible to get another candidate to make a campaign for the va¬ 
cancy in case a recall petition was circulated. 

Under the proposed amendment, a man elected in a district of 
fifteen hundred voters, and having a four year term of office, will be 
exceedingly careful to represent the sentiments of his district on all 
matters coming before the Legislature, as it will be a comparatively 
easy matter to get a candidate to make the campaign in a small dis¬ 
trict if a recall petition should be circulated. Besides, it will be very 
much easier to recall a man in a district of fifteen hundred voters than in 
a county of four or five thousand and upwards. 

• 

This measure is absolutely non-partisan. It makes no pretense of 
changing the present method of electing state senators. It simply pro¬ 
vides for an increase in membership when the population of some of the 
smaller counties warrants it. There is no advantage or disadvantage 
to any political party in electing the members of the lower house of the 
Legislature by legislative districts as proposed in the amendment. It 
is the very personification of representative government. It gives the 
people the right to elect representatives personally known to them. It 



18 


Pamphlet Containing Measures to Ke 


makes the recall provisions of the constitution effective as to members 
of the Legislature. It gives every section of the State and of each 
County equitable representation, and does not permit the more populous 
sections to name the members of the Legislature to the exclusion of the 
less populous sections. 

There is no reasonable or logical argument that can be advanced 
and successfully maintained against this proposed amendment. Read 
it over carefully for yourself, stu*dy it, analyze it, and if there is any¬ 
thing in it you do not understand, write the Secretary of the Non-Par¬ 
tisan Legislative League, Douglas, Arizona, and he will enlighten you. If 
this proposed amendment appeals to you and if you believe that it will 
give us a better and more representative State Legislature, vote for it 
and work for its adoption on November 7, 191G. Do not let the politi¬ 
cians of any party, or those interested in the present method of electing 
the Legislature, influence you to vote against this amendment. Remem¬ 
ber they always have an axe grind, and are interested in the Legisla¬ 
ture for their own selfish ends. This amendment puts the control of the 
Legislature in the hands of the people. Your representatves will be re¬ 
sponsible to you, and you only. 


The Non-Partizan Legislative League, composed of tax payers and 
citizens of this State, is not interested in the candidacy of any man. 
Its only object is to place the merits of this proposed amendment before 
the voters of the State. The enormous expense of ou’r Legislature 
prompts this action. Two hundred sixty-three thousand two hundred 
eighty dollars and sixty-four cents ($263,280.64) for legislation since 
January, 1912, should make the citizens of this State interested in its 
welfare. Investigate and find out what it is that is so radically wrong 
with this branch of the State Government. 


W. M. ADAMSON, Douglas, Arizona. 




Submitted to the Electors of Arizona, November 7, 1916. 


19 


PROPOSED AMENDMENT TO THE CONSTITUTION OF THE 

STATE OF ARIZONA. 

THAT THE AMENDMENT TO THE CONSTITUTION OF THE 
STATE OF ARIZONA ADOPTED AT THE GENERAL ELECTION 
HELD ON THE 3d DAY OF NOVEMBER, 1914, AND KNOWN AS 
ARTICLE XXIII, BE AMENDED BY ADDING THERETO ANOTHER 
SECTION TO BE KNOWN AS SECTION 4. 

To be submitted to the qualified electors of the State of Arizona for 

their approval or rejection at the 

REGULAR GENERAL ELECTION 

to be held 

ON THE SEVENTH DAY OF NOVEMBER, 1916. 

Proposed by Initiative petition of the people and filed in the office of 
the Secretary of State, June 22, 1916, in accordance with the 
provisions of Paragraph 3328, Chapter I, Title XXII, 

Revised Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter I, Title XX t(, 
Revised Statutes of Arizona, 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will 
be printed on the official ballot: 

PROPOSED AMENDMENT TO THE CONSTITUTION. 
PROPOSED BY INITIATIVE PETITION. 


THAT THE AMENDMENT TO THE CONSTITUTION OF THE 
STATE OF ARIZONA ADOPTED AT THE GENERAL ELECTION 
HELD ON THE 3d DAY OF NOVEMBER, 1914, AND KNOWN AS AR¬ 
TICLE XXIII, BE AMENDED BY ADDING THERETO ANOTHER 
SECTION, TO BE KNOWN AS SECTION 4. “Local Option.” 

If you favor the above law, vote YES; if opposed, vote NO. 


108 Yes. 


109 No. 

















20 


Pamphlet Containing Measures to Be 


(On Official Ballot Nos. 108 and 109.) 

AMENDMENT 
to the 

CONSTITUTION OF THE STATE OF ARIZONA. 

That the amendment to the Constitution of the State of Arizona 
adopted at the general election held on the 3d day of November, 1914, 
and known as Article XXIII, be amended by adding thereto another 
section to be known as Section 4, and to read as follows, to-wit: 

Section 4. After January 1, 1917, fifteen per centum of the quali¬ 
fied voters of any County, including the incorporated Cities and Towns 
of said Connty, under the power of the initiative and in the manner 
provided by law for its exercise by Counties, may propose any measure 
exempting such County, including the incorporated Cities and Towns 
thereof, from any or all of the provisions of the foregoing sections of 
this Article, and when so proposed it shall be the duty of the Board of 
Supervisors of such County to forthwith call an election for some date 
not less than 30 nor more than 60 days from the date of such call; and 
to provide for, make and put in force all necessary provisions for the 
holding of such election at which such measure shall be submitted to 
the qualified voters residing within> ( the County, including those residing 
within incorporated Cities and Towns thereof, and is such measures shall 
receive the approval of the majority ..of the legal voters voting at such 
election, to be ascertained and the result announced in conformity as 
near as may be to the law applicable to the exercise of the initiative by 
Counties, said measure shall become effective according to its pro¬ 
visions and shall become the law of such County notwithstanding the 
provisions of the foregoing sections, until the same be amended or re¬ 
pealed in the manner herein provided for its adoption. Should such 
measure as submitted not receive the approval of the majority of the 
total number of legal voters voting at such election in the County, but 
should receive the approval of the majority of the legal voters residing 
within any incorporated City or Town within said County an 1 voting 
therein at such election, said measure shall become effective according 
to its provisions within said City or T©wn, notwithstanding the pro¬ 
visions of the foregoing sections, until the same be amended or re¬ 
pealed in the manner herein provided for the adoption of such measures 
by municipalities. 

And after January 1, 1917, fifteen percentum of the qualified voters 
of any incorporated City or Town, in the manner and mode provided by 
existing law for the exercise of the initiative by municipalities, may 
propose any measure exempting such City or Town, as the case may be, 
from any or all of the provisions of the foregoing sections of this Ar¬ 
ticle and when so proposed it shall be the duty of the Mayor and Com¬ 
mon Council, or Mayor and Commission, as the case may be, of the in¬ 
corporated City or Town proposed in said measure to be exempt, to 
forthwith call an election for such date not less than 30 nor more than 
60 days from the date of such call; and to provide for, make and put in 
force all necessary provisions for the holding of such election at which 
such measure shall be submitted to the qualified voters residing within 
the incorporated City or Town to be affected thereby and if such meas¬ 
ure shall receive the approval of a majority of the legal voters voting 
at such election, to be ascertained and the result announced in con¬ 
formity as near as may be to existing laws applicable to the exercise of 
the initiative by municipalities, said measure shall become effective ac¬ 
cording to its provisions and shall become the law of such City or 
Town, notwithstanding the provisions of the foregoing sections, until 
the same to be amended or repealed in the manner herein provided for its 
adoption. 





Submitted to the Electors of Arizona, November 7, 1916. 


21 


PROVIDED, However, that no measure that may be adopted as 
in this section provided shall make lawful or exempt any person from 
the penalties prescribed in Section 1 of this Article, for the sale of in¬ 
toxicating liquors, who shall sell, exchange, give, barter or dispose of 
intoxicating liquors of any kind between the hours of 11 P. M. and 6 
A. M., or upon Sunday, or during the voting hours of any day upon 
which any general or special election may be held, or who shall sell, 
exchange, barter, give or dispose of such liquor to any minor or habitual 
drunkard; 

PROVIDED FURTHER, that no such measure shall be effective to 
permit anyone to engage in the business of selling or dealing in in¬ 
toxicating liquors whether as owner or proprietor, or bartender or other 
like employee of such owner or proprietor, unless such person shall be a 
citizen of the United States; and no such measure shall be effective 
unless it shall make provision for the licensing of any such person to 
engage in said business; and unless it shall contain a provision requir¬ 
ing that every dealer or proprietor of a place where intoxicating 
iiquors arc sud shall, before he shall engage in said business, give bond 
to IT. 3 State to be approved by the Board of Supervisors of the County 
in an amount not less than Two Thousand ($2,000) Dollars, conditioned 
that such dealer or proprietor and any employee or employees of such 
dealer or proprietor shall obey the law appertaining to the sale and 
other like disposition of intoxicating liquors; and unless it shall pro¬ 
vide in case of a breach of said bond, for its due enforcement and also 
for the forfeiture of the license of such dealer and of his offending em¬ 
ployee; and unless it shall further provide that such dealer or pro¬ 
prietor, in addition to any license tax required to be paid by him, shall 
be required to pay an annual license tax, to be collected as other 
license taxes are collected, of not less than $500.00 payable semi-an¬ 
nually, which said sum of Five Hundred ($500) Dollars shall be paid 
into the County Road Fund of the county in which the license is issued, 
and become a part of said Road Fund and expended by the Board of 
Supervisors of said county for the maintenance and repair of any state 
highway constructed or in course of construction in said County. 

PROVIDED FURTHER, that every such measure shall contain 
a provision limiting the maximum number of places within any such 
County, City or Town, where intoxicating liquors may be sold, to one 
place for each thousand inhabitants and major fraction thereof resid¬ 
ing within such County exclusive of incorporated Cities and Towns 
thereof, or within such City or Town, as the case may be, except that 
where any such County measure shall become a law as in this section 
provided, if a majority of the taxpayers of any voting precinct within 
such County and not within any incorporated City or Town thereof 
shall petition the Board of Supervisors of the County in which said 
voting precinct is located for a larger number of licenses to issue than 
one for each one thousand inhabitants and major fraction thereof 
within the limits of said voting precinct, then in the discretion of said 
Board of Supervisors a larger number of licences may be issued and 
granted in said voting precinct thun one for each one thousand inhabit¬ 
ants and major fraction thereof. 

AND PROVIDED FURTHER, that it shall be lawful to manufac¬ 
ture ardent spirits, ale, beer, wine or intoxicating liquor at any place 
within the State of Arizona for sale within any County, City or Town 
which may be exempted from the provisions of Section 1 of this Article, 
or for shipment or sale outside the State of Arizona or in any foreign 
country. 

Filed July 6th, 1916. 

SIDNEY P. OSBORN, Secretary of State. 



22 


Pamphlet Containing Measures to Be 


ARGUMENT. 


(Negative.) 

Submitted by 

ARIZONA TEMPERANCE FEDERATION. 

Against the measure designated on the official ballot as follows: 


PROPOSED AMENDMENT TO THE CONSTITUTION. 
PROPOSED BY INITIATIVE PETITION. 


THAT THE AMENDMENT TO THE CONSTITUTION OF THE 
STATE OF ARIZONA ADOPTED AT THE GENERAL ELECTION 
HELD ON THE 3d DAY OF NOVEMBER, 1914, AND KNOWN AS 
ARTICLE XXIII, BE AMENDED BY ADDING THERETO ANOTHER 
SECTION TO BE KNOWN AS SECTION 4. “Local Option.” 

If you favor the above law, vote YES; if opposed, vote NO. 


108 Yes. 


109 No. 


LOCAL OPTION ARGUMENT. 

(Negative.) 

A vote for this amendment is a vote for the return of the saloon. 
With one “wet” county or town in the State the whole State will be 
flooded with liquor and every community will be menaced 
Means by the evil. The sole aim of this amendment is to bring 

Return of the saloon back. It is promoted by those who hope to 

Saloon profit by preying upon the appetite, the weakness and 

the vice of their fellow men. 

This amendment provides that in every city, town or county an 
election can be held every two months if so desired and requirements 
are fulfilled. The liquor interests, whose profits are 
Dangerous enormous and far greater than in any other industry, 
Precedent can well afford the expense of a campaign every two 

of Frequent months, in order to ultimately gain their object. For 

Elections their success they will depend upon wearing the people 
out with frequent elections, upon their becoming indif¬ 
ferent in oft repeated strifes, or they may hope to carry their point 
during the summer months when a large part of the people, especially 


















Submitted to the Electors of Arizona, November 7, 1916. 


23 


the women, are out of the State. It would set an unwise precedent for 
frequent elections, and aside from the great expense to cities, towns 
and counties, would, if applied to other vital laws, make the govern¬ 
ment of our State very unstable. Two years ago, when the wets be¬ 
lieved that the State would remain wet, they proposed that no election 
on this question should be held for eight years. I quote from their 
argument: “It is of interest to know that during the past four years 
separate prohibition elections have cost the taxpayers of Arizona fully 
$50,000.00, and this, too, when but five counties in the State conducted 
such elections. Arizona has fourteen counties, and should each hold 
prohibition elections every two years, (as it is possible under the pres¬ 
ent law), in eight years it would be possible to run such election ex¬ 
penses up to several hundreds of thousands of dollars/’ Then they 
claimed that the cost of four elections in eight years was enormous, 
yet NOW, if as many elections should be held as this amendment pro¬ 
vides for, there would be forty-eight elections for each county in the 
eight years. 


It is very interesting to note that the saloon men believed two 
years ago, that if a locality were wet, there would be no change in 
sentiment for eight years at least. Now that we have 
No Rapid prohibition they think sentiment can change in two 

Change in months. I quote from their argument of two years ago: 

Sentiment “There is absolutely no necessity for elections on prob¬ 
lems of this kind at lesser periods than eight years by 

reason of the fact that sentiment in Arizona or other communities 
does not change oftener than every eight years, and elections on any 
given question in any given community held oftener than eight years 
establish similar results to the first expression.” 


The laws of Arizona require that a person be a resident of a county 
for thirty days before he can vote on county issues and for county 
officers. At any regular election the liquor interests 
Could Import could hire one thousand men in the State of Arizona 
Men to and have them move into any county or town, voting on 

Vote Wet the liquor question, one month before election and with 

this vote they cduld turn the election their way. 


Promises 
That Are 
Soon 

Forgotten 


The regulation for night and Sunday closing, and selling to 
minors and habitual drunkards, is a farce. Similar laws adorn the 
Statute Books of every state, yet they are universally 
disregarded, for in these respects, the saloon keepers are 
notorious law breakers. The sponsors of this Amend¬ 
ment promise not to sell to habitual drunkards, but no¬ 
where do they promise not to take the young men of this 
State and make them into habitual drunkards. After 
they have gotten their money and manhood, their health and happiness 
they promise then to turn them out without a drink. They shrewdly 
use the term “habitual drunkards,” well knowing that the habitual 
drunkard is their finished product, a down and out who more often 
begs than buys a drink. Besides endorsing prohibition for minors and 
drunkards, this amendment proposes prohibition for certain hours of 
the night,*and for one day each week—Sunday. If prohibition is a 
good thing from eleven to six o’clock at night and on Sundays and 
election days, why can’t it furnish us with a continuous performance 
for the general good? 



24 


Pamphlet Containing Measures to Be 


The Amendment proposes that only American Citizens may be¬ 
come saloon owners or keepers, hoping thereby to give the traffic an 
air of respectability. The owner of the saloon or the 
Exclusive seller of the liquor do not change its quality. Whether 
sold by an American or a foreigner liquor plays havoc 
with humanity just the same. True Americanism cannot be consistent 
with a traffic that for money will ruin men’s lives, health and happi¬ 
ness; a traffic that is responsible for more crime and vice than any 
other one cause; that exists only for the great profit to the maker and 
dealer. 

The proposed Amendment stipulates that it will not only pay any 
license that the city may ask, but in addition each saloon keeper will 
pay a $500.00 license. In other words, it offers to collect 
Great a certain per cent of the city, town or county taxes, for 

Profits the privilege of immunity for robbing the people of more 

than ten times that amount. This gives an idea of the 
great profit of the traffic. What merchant could do business with 
such stipulations? 

The $500.00 which every saloon keeper must pay for county roads 
is calculated to catch the county vote. This is a bribe offered to those 
who constantly use the roads. While this bait is thrown 
A Bait for out to the county, this amendment permits the wet ma- 
the County jority of the cities to force the saloon on the whole 
Vote county. But on the other hand the dry majority of 

the country communities, regardless of how large it may 
be, cannot force the city to accept prohibition. 

This Amendment gives each community the right to say whether or 
not it will have saloons. But it destroys local option or local self govern¬ 
ment in regard to the manufacture of liquor. It will per- 
Permits mit a brewery and the manufacture of liquor in every 

Manufacture square mile of territory in the State of Arizona, regard- 
of Liquor less of whether it is wet or dry. Think of a prohibition 
Everywhere community where they manufacture liquor! 

The proposed Prohibition Amendment is a frank and fearless ex¬ 
pression of the desires of the people. It will not permit the people of 
Arizona to support saloons in some other state, thereby 
Proposed helping to continue them in that state. It will make pro- 
Dry Amend- hibition successful by placing the law back to where it 
ment Will Do was before the personal use decision by the court. It 
the Work proposes the kind of prohibition that prohibits; as is 
shown by the fact that there was a decrease of over 85 
per cent in drunkenness for the first year of prohibition. 

Adoption of the local option amendment means the return of the 
saloon. It is wholly vicious and if adopted will be a great blow to the 
prosperity of the State and integrity of the home. “Local Option” 
means saloons. Vote NO on this Measure. 

Respectfully submitted, 


ARIZONA TEMPERANCE FEDERATION. 




Submitted to the Electors of Arizona, November 7, 1916. 


25 


PROPOSED AMENDMENT TO THE CONSTITUTION OF THE 

STATE OF ARIZONA. 


TO PROVIDE FOR THE PROTECTION AND SAFETY OF 
WORKMEN IN ALL PLACES OF EMPLOYMENT AND FOR THE 
INSPECTION AND REGULATION OF PLACES OF EMPLOYMENT 
IN ALL INHERENTLY HAZARDOUS WORKS AND OCCUPATIONS; 
PROVIDING A SCHEDULE OF COMPENSATION FOR INJURY TO 
OR DEATH OF WORKMEN AND METHODS OF PAYING THE 
SAME AND PRESCRIBING THE LIABILITY OF EMPLOYERS WHO 
DO NOT ELECT TO PAY SUCH COMPENSATION; ESTABLISHING 
THE INDUSTRIAL ACCIDENT BOARD, DEFINING ITS POWERS 
AND DUTIES; PROVIDING FOR A REVIEW OF ITS AWARDS; AND 
ABROGATING ANY AND ALL LAWS AND CONSTITUTIONAL 
PROVISIONS IN CONFLICT HEREWITH. 

To be submitted to the qualified electors of the State of Arizona for 

their approval or rejection at the 

REGULAR GENERAL ELECTION 
to be held 

ON THE SEVENTH DAY OF NOVEMBER, 1916. 

Proposed by Initiative petition of the people and filed in the office of 
the Secretary of State, July 6, 1916, in accordance with the 
provisions of Paragraph 3328, Chapter I, Title XXII, 

Revised Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, 
Revised Statutes of Arizona, 1913, Civil Code. 


SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will 
be printed on the official ballot: 


PROPOSED AMENDMENT TO THE CONSTITUTION. 
PROPOSED BY INITIATIVE PETITION. 


TO PROVIDE FOR THE PROTECTION AND SAFETY OF WORK¬ 
MEN IN ALL PLACES OF EMPLOYMENT AND FOR THE INSPEC¬ 
TION AND REGULATION OF PLACES OF EMPLOYMENT IN ALL 
INHERENTLY HAZARDOUS WORKS AND OCCUPATIONS; PRO- 
VIING FOR A SCHEDULE OF COMPENSATION FOR INJURY TO 
OR DEATH OF WORKMEN AND METHODS OF PAYING THE SAME, 
AND PRESCRIBING THE LIABILITY OF EMPLOYERS WHO DO 
NOT ELECT TO PAY SUCH COMPENSATION; ESTABLISHING THE 
INDUSTRIAL ACCIDENT BOARD, DEFINING ITS POWERS AND 
DUTIES; PROVIDING FOR A REVIEW OF ITS AWARDS; AND AB¬ 
ROGATING ANY AND ALL LAWS AND CONSTITUTIONAL PRO¬ 
VISIONS IN CONFLICT HEREWITH. 

If you favor the above law, vote YES; if opposed, vote NO. 


110 Yes. 



















26 


Pamphlet Containing Measures to Be 


(On Official Ballot Nos. 110 and 111.) 

PROPOSED AMENDMENT OF THE CONSTITUTION OF THE 

STATE OF ARIZONA. 

To provide for the protection and safety of workmen in all places 
of employment and for the inspection and regulation of places of em¬ 
ployment in all inherently hazardous works and occupations; providing 
a schedule of compensation for injury to or death of workmen and 
methods of paying the same, and prescribing the liability of employers 
who do not elect to pay such compensation; establishing the industrial 
accident board, defining its powers and duties; providing for a review of 
its awards; and abrogating any and all laws and Constitutional pro¬ 
visions in conflict herewith. 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA: 

That the Constitution of the State of Arizona be and is hereby 
amended by adding thereto another Article, the same to be numbered 
XXIV and to read as follows, to-wit: 

PART I. 

GENERAL PROVISIONS 

Section 1. (a) This Article shall be known and may be cited 

as the workmen’s compensation law. Part I shall contain those sec¬ 
tions which have a general application to the whole of the Article and 
may be referred to as the “general provisions”; Part II shall contain 
those sections which refer to compensation plan number one; Part III 
shall contain those sections which refer to compensation plan number 
two; Part IV shall contain those sections which refer to compensation 
plan number three; Part V shall contain those sections which may be 
referred to as the “safety provisions.” 

(b) Whenever compensation plan number one, two, or three, or 
the safety provisions of this Article shall be referred to, such reference 
shall also be held to include all other sections which are applicable to 
the subject matter of such reference. 

(c) The “compensation provisions” of this Article, whenever re¬ 
ferred to, shall be held to include the provisions of compensation plans 
number one, two, or. three, and all other sections of this Article appli¬ 
cable to the same or any part thereof. 

Sec. 2. (a) There is hereby created a board to consist of three 

members. The Secretary of State shall be one member, the State Au¬ 
ditor shall be one member, and one member shall be appointed by the 
governor, which board shall be known as the industrial accident board, 
and shall have the powers, duties, and functions hereinafter conferred. 
The term of office of the appointed member of the board shall be for 
four years and until his successor shall have been appointed and quali¬ 
fied. He shall receive an annual salary of thirty-six hundred dollars, 
payable monthly, and shall be the chairman of the board. The board 
shall elect one of their number as treasurer of the board. 

(b) A vacancy in the office of the appointed member of the board 
shall be filled in the same manner as the original appointment, but shall 
only be for the unexpired term of such vacancy. The appointed mem¬ 
ber shall not be removed except for cause, and after a hearing had be¬ 
fore and a finding made by the remaining members of the board, and 




Submitted to the Electors of Arizona, November 7, 1916. 


27 


both of the remaining members of the board must concur in the removal 
of the appointed member. 

(e) Each member shall, upon entering upon the duties of his 
office, execute to the State of Arizona and file with the Secretary of 
State a bond in the sum herein prescribed, executed by not less than 
four responsible sureties or by some surety company authorized to be¬ 
come sole surety on bonds in the State of Arizona, such bonds to be 
approved by the governor, and conditioned that he will faithfully and 
impartially discharge the duties of his office. Such bonds shall be in ad¬ 
dition to any other bonds required by law to be furnished. 

(d) The bond of the treasurer of the board shall be in a sum to 
be fixed by the Governor, not less than twenty-five thousand dollars 
($25,000) nor more than one hundred thousand dollars ($100,000). 
The bonds of the members of the board other than the treasurer shall 
be in the sum of ten thousand dollars ($10,000). 

(e) Neither the Secretary of State nor the State Auditor shall 
receive any additional compensation for the duties imposed upon them 
by this Article. 

(f) A majority of the board shall constitute a quorum for the 
transaction of any business. A vacancy on the board shall not impair 
the right of the remaining members to perform all of the duties and 
exercise all the powers and authority of the board. The act of the ma¬ 
jority of the board when in session as a board shall be deemed to be the 
act of the board, but any investigation, inquiry, or hearing which the 
board has power to undertake or to hold may be undertaken or held by 
or before any member thereof or any examiner or referee appointed by 
the board for that purpose. Every finding, order, decision, or award 
made by any commissioner, examiner, or referee pursuant to such inves¬ 
tigation, inquiry, or hearing when approved and confirmed by the board 
and ordered filed in its office, shall be deemed to be the finding, order, 
decision, or award of the board. 

(g) The board shall have a seal bearing the following inscrip¬ 
tion: “Industrial Accident Board, State of Arizona, Seal.” The seal 
shall be affixed to all writs and authentications of copies of records, and 
to such other instruments as the board shall direct. All courts shall 
take judicial notice of said seal. 

(h) The board shall keep its principal office in the capitol of the 
state, and shall be provided with suitable rooms, necessary office furni¬ 
ture, stationery and other supplies. For the purpose of holding sessions 
in other places, the board shall have power to rent temporary quarters. 

(i) The board shall appoint a Secretary, who shall hold office at 
the pleasure of the board. It shall be the duty of the secretary to keep 
a full and true record of all the proceedings of the board, to issue all 
necessary processes, writs, warrants, and notices which the board is re¬ 
quired or authorized to issue, and generally to perform such other 
duties as the board may prescribe. 

(j) The board shall employ such assistants and other employees as 
it may deem necessary to carry out the provisions of this Article. 

(k) All officers and employees of the board shall receive such 
compensation for their services as may be fixed by the board, shall 
hold office at the pleasure of the board, shall perform such duties as 
are imposed on them by law or by the board. 

(l) The salaries of members of the board, secretary, and every 
other person holding office or employment under the board, as fixed by 
law, or by the board, shall, after being approved by the board upon 
claims therefor, be paid monthly out of the general fund on warrants 
drawn by the State Auditor therefor. 



28 


Pamphlet Containing Measures to Be 


(m) All expenses incurred by the board pursuant to the provisions 
of this Article, including the actual and necessary traveling and other 
expenses and disbursements of the members thereof, its officers, and 
employees incurred while on business of the board, either within or 
without the state, shall, unless otherwise provided in this Article, after 
being approved by the board, be paid out of the general fund on war¬ 
rants drawn by the State Auditor therefor. 

(n) The board shall cause to be printed such blank forms as it 
shall deem requisite to facilitate or promote the efficient administra¬ 
tion of this Article. It shall provide a book in which shall be entered 
the minutes of all its proceedings, a book of record in which shall be 
recorded all awards made by the board, and such other books or records 
as it shall deem requisite for the purpose and efficient administration 
of this Article. All such records are to be kept in the office of the 
board. 

(o) The board shall have the power and authority to publish and 
distribute, at its discretion, from time to time, in addition to its annual 
report, such further reports and bulletins covering its operations, pro¬ 
ceedings, and matters relative to its work as it may deem advisable. 

(p) The board shall have power and authority to charge and 
collect the following fees: 

1. For copies of papers and records not required to be certified 
or otherwise authenticated by the board, 15 cents for each folio; for 
certified copies of official documents, and orders filed in its office or of 
the evidence taken at any hearing, 20 cents for each folio. 

2. To fix and collect reasonable charges for publications issued 
under its authority. 

3. The fees charged and collected under this section shall be 
paid monthly into the treasury of the State, and shall be accompanied 
by a detailed statement thereof. 

(q) The attorney general shall be the legal adviser of the board 
and shall represent it in all proceedings whenever so requested by the 
board or any member thereof. 

Sec. 3. (a) In an action to recover damages for personal in¬ 

juries sustained by an employee in the course of his employment or for 
death resulting from personal injuries so sustained, it shall not be a de¬ 
fense (1) that the employee was negligent, unless such negligence was 
wilful; (2) that the injury was caused by the negligence of a fellow 
employee; (3) that the employee had assumed the risk inherent in, in¬ 
cident to, or arising out of his employment, or arising from the failure 
of the employer to provide and maintain a reasonably safe place to 
work or reasonably safe tools or appliances. 

(b) The provisions of Section 3 (a) shall not apply to actions to 
recover damages for personal injuries sustained by household or do¬ 
mestic servants, farm or other laborers engaged in agricultural pur¬ 
suits, or persons whose employment is of a casual nature. 

(c) Any employer who elects to pay compensation as provided 
in this Article shall not be subject to the provisions of Section 3 (a) 
nor shall such employer be subject to any other liability whatsoever for 
the death of or personal injury to any employee except as in this ar¬ 
ticle provided; and, except as specifically provided in this article, all 
causes of action, actions at law, suits in equity, and proceedings what¬ 
ever, and all statutory and comon-law rights and remedies for, and on 
account of such death of, or personal injury to, any such employee are 
hereby abolished: Provided, That Section 3 (a) shall not apply to 
actions brought by an employee who has elected not to come under this 




Submitted to the Electors of Arizona, November 7, 1916. 


29 


article, or by his representatives, for damages for personal injuries or 
death against an employer who has elected to come under this Article. 

(d) When both the employer and employee have elected to come 
under this Article, the provisions of this article shall be exclusive, and 
such election shall be held to be a surrender by such employer and such 
employee of their right to any other method, form, or kind of com¬ 
pensation, or determination thereof, or to any other compensation or 
kind of determination thereof, or cause of action, action at law, suit in 
equity, or statutory, or common law, right, or remedy, or proceeding 
whatever, for, or on account of, any personal injury to or death of 
such employee, except as such rights may be herein after specifically 
granted; and such election shall bind the employee himself and in case 
of death shall bind his personal representative and all persons having 
any right or claim to compensation for his injury or death, as well as 
the employer, and those conducting his business during liquidation, 
bankruptcy, or insolvency. 

(e) Where a public corporation is the employer, or any con¬ 
tractor engaged in the performance of contract work for such pub¬ 
lic corporation, the terms, conditions, and provisions of compensation 
plan number three shall be exclusive, compulsory, and obligatory upon 
both employer and employee. Any sums necessary to be paid under 
the provisions of this Article by any public corporation shall be consid¬ 
ered to be ordinary and necessary expenses of such corporation, and 
the governing body of such public corporation shall make appropriation 
of and pay such sums into the accident or administration, fund as the 
case may be, at the time, and in the manner provided for in this Article, 
notwithstanding that such governing body may have failed to anticipate 
such ordinary and necessary expense of any budget, estimate of ex¬ 
penses, appropriation, ordinance, or otherwise. 

(f) Every employer engaged in the industries, works, occupations, 
or employments in this Article specified as “hazardous” may on or 
before the first day of January, 1917, if such employer be then engaged 
in guch hazardous industry, work, occupation, or employment or at any 
time thereafter, or, if such employer be not so engaged on said date, 
may on or after thirty days before entering upon such hazardous work, 
occupation or employment, or at any time thereafter, elect whether he 
will be bound by either of the compensation plans mentioned in this 
Article. Such election shall be in the form prescribed by the board, 
and shall state whether such employer shall be bound by compensation 
plan number one, or compensation plan number two, or compensation 
plan number three, and a notice of such election, with the nature 
thereof, shall be posted in a conspicious place in the place of business of 
such employer, and a copy of such notice, together with an affidavit of 
such posting, shall be filed with the board. 

(g) Every employee in the industries, works, occupations, or em¬ 
ployments in this Article specified as “hazardous” shall become subject 
to and be bound by the provisions of that plan of compensation which 
shall have been adopted by his employer, unless such employee shall 
elect not to be bound by any of the compensation provisions of this 
Article and until such employee shall have made such election. Such 
election shall be made by written notice in the form prescribed by the 
board, served upon the employer, and a copy filed with the board, to¬ 
gether with the proof of such service. 

(h) If the employer shall fail to make the election herein pro¬ 
vided for, at the time, and in the manner herein prescribed, such em¬ 
ployer shall be presumed to have elected not to be bound by the pro- 



30 


Pamphlet Containing Measures to Be 


visions of either compensation plan number one or compensation plan 
number two or compensation plan number three for that calendar year, 
unless such employer shall elect to become subject to or bound by this 
Article in the manner provided for such election in the first instance. 
After having once elected to be bound by one or the other of the com¬ 
pensation plans provided in this Article, such employer shall be bound 
by such election for said first calendar year and each succeeding cal¬ 
endar year, unless such employer shall, not less than thirty or more than 
sixty days prior to the end of any calendar year, elect not to be bound by 
either of such compensation plans, after the expiration of said calendar 
year or unless he shall elect to be bound for the succeeding calendar year 
by a different compensation plan than the one by which he is then gov¬ 
erned. Such election must be made in the manner provided for in ref¬ 
erence to the first election of such employer under this Article. 

(i) It is the intention of this Article that any employer engaged 
in hazardous occupations as defined herein shall, before being bound 
by either of the compensation plans herein provided, elect to be so 
bound thereby, and that the employee shall be presumed to have elected 
to be subject to and bound by the provisions of the particular plan 
which may have been adopted by his employer, unless such employer 
shall affirmatively elect not to be bound by this Article. No election by 
an employee not be bound by this Article shall be of any force or effect 
as to any injury or injuries occurring prior to such election. 

(j Any employee who has elected not to be bound by the pro¬ 
visions of this Article in the manner herein provided may revoke such 
election and elect to come thereunder at any time. Any employer who 
has failed to elect to be bound by either one or the other of the com¬ 
pensation plans herein mentioned may, at any time during any calendar 
year, elect to be bound thereby, which said election shall be made as 
hereinbefore provided; but whenever any employer or employee shall 
have elected to come under the provisions hereof, such election, when it 
shall have been made, shall bind such employer and employee for the 
rest of the then calendar year. 

(k) No compensation shall be paid to any employee, whether 
such employee has elected to come under this Article or not, where his 
employer has failed to elect and has failed to come under one or the 
other of the compensation plans herein provided. 

Sec. 4. (a) This Article is intended to apply to all inherently 

hazardous works and occupations within this State, and it is the inten¬ 
tion to embrace all thereof in Sections 4 (b), 4 (c), 4 (d), and 4 (e), 
and the works and occupation? enumerated in said sections are hereby 
declared to be hazardous. 

(b) Construction Work:—Tunnels, bridges, trestles, subaqueous 
works, ditches and canals (other than irrigation without blasting), 
dock excavations, fire escapes, sewers, house moving, house wrecking, 
iron or steel frame structures or parts of structures, electric light or 
power plants, or systems, telegraph or telephone systems, pile driving, 
steam railroads, steeples, towers, or grain elevators, not metal framed; 
dry docks, without excavation; jetties, breakwaters, chimneys, marine 
railways, waterworks or water systems; electric railways, cable rail¬ 
ways, street railways, with or without rock work or blasting; erecting 
fireproof doors or shutters; steam heating plants; blasting; tanks, water 
towers, or windmills, not metal framed; shaft sinking; concrete build¬ 
ings; freight or passenger elevators; fireproofing of buildings; galvanized 
iron or tin work; gas works or systems; marble, stone or brick work- 
road making, with or without blasting; roof work; safe moving- slate 
work; plumbing work, inside or outside; metal smokestacks or’chim- 



Submitted to the Electors of Arizona, November 7, 1916. 


31 


neys; excavations not otherwise specified; blast furnaces; street or 
other grading; advertising signs; ornamental work on buildings; ship or 
boat building or rigging, with or without scaffolding; carpenter work not 
otherwise specified; installation of steam boilers or engines; placing 
wires in conduits; installing dynamos; putting up belts for machinery; 
marble, mantel, stone, or tile setting; metal ceiling work; mill or ship 
wrighting; painting of buildings or structures; installation of auto¬ 
matic sprinklers; concrete laying in floors, foundations, or street paving; 
asphalt laying; covering steam pipes or boilers; installation of machinery 
not otherwise specified; drilling wells; installing electrical apparatus or 
fire-alarm apparatus in buildings; househeating or ventilating systems; 
glass setting; building hothouses; lathing, paper hanging, plastering, 
wooden-stair building. 

(e) Operation (including repair work) of logging, cable, electric, 
street, steam, or other railroads; dredges; interurban electric railroads 
using third-rail systems; electric light or power plants; quarries; tele¬ 
graph systems; stone crushers; blast furnaces; smelters, coal mines; 
gas works; steam boats; tugs and ferries; mines other than coal; steam 
heating or power plants; grain elevators; laundries; waterworks; paper 
mills; pulp mills; garbage and fertilizer works. 

(d) Factories using power-driving machinery:—Stamping tin 
metal; bridge work; railroad, car, or locomotive making or repairing; 
cooperage; logging, with or without machinery; sawmills, shingle mills, 
staves, veneer, box, lath, packing cases, sash, doors, blinds, barrel, keg, 
pail, basket, tub, woodenware, or wooden fiber ware; rolling mills; mak¬ 
ing steam shovels or dredges; tanks; water towers; asphalt; building 
material not otherwise specified; fertilizer; cement, stone with or with¬ 
out machinery; kindling wood; mast or spars with or without ma¬ 
chinery; canneries; metal stamping; creosoting works; excelsior; 
iron, steel, copper, zinc, brass, or lead articles or wares, not otherwise 
specified; working in wood not otherwise specified; hardware; tile, 
brick, terra cotta, fire clay, pottery earthenware, porcelain ware; peat 
fuel, briquettes; breweries; bottling works; boiler works; founderies; 
machine shops not otherwise specified; cordage; working in foodstuffs, 
including oils, fruits, and vegetables; working in wool, cloth, leather, 
paper, broom, brush, rubber, or textiles not otherwise specified; making 
jewelry; making soap, tallow, lard, grease, condensed milk; creameries; 
printing, electrotyping, photo-engraving, engraving and lithographing; 
sugar factories. 

(e) Miscellaneous Work:—Operating stockyards, with or with¬ 
out railroad entry; packing houses; wharf operations; artificial ice and 
refrigerating or cold-storage plants; tanneries; electric systems not 
otherwise specified; theater stage employes, including moving picture 
machine operators; fireworks manufacturing, powder works. 

Sec. 5. If there be or arise any hazardous occupation or work 
other than hereinbefore enumerated it shall become under this Article 
and its terms, conditions, and provisions as fully and completely as if 
hereinbefore enumerated. 

Sec. 6. Unless the context otherwise requires, words and phrases 
employed in this Article shall have the meaning hereinafter defined. 

(a) “Factories” means undertakings in which the business of 
working at commodities is carried on with power-driven machinery, 
whether in manufacture, repair, or change, and shall include the 
premises, yards, and plant of the concern. 

(b) “Workshop” means any plant, yard, premises, room, or 
place where power-driven machinery is employed and manual labor is 



Pamphlet Containing Measures to Be 


on 

t J La 


exercised by way of trade or gain or otherwise in or incidental to the 
process of making, altering, repairing, printing or ornamenting, finish¬ 
ing, or adapting for sale, or otherwise, any article or part of article, 
machinery, or thing over which premises, room, or place the employer of 
the person working therein has the right of access or control. 

(c) ‘‘Mill” means any plant, premises, room, or place where ma¬ 
chinery is used; any process of machinery, changing, altering, or re¬ 
pairing any article or commodity for sale, or otherwise, together with 
the yards and premises which are a part of the plant, including ele¬ 
vators, warehouses, and bunkers. 

(d) “Mine” means any mine where coal, clay, ore, mineral, gyp¬ 
sum, or rock is dug or mined underground. 

(e) “Quarry” means an open cut from which coal is mined, or 
clay, ore, mineral, gypsum, sand, shale, gravel, or rock is cut or taken for 
manfacturing, building, or construction purposes. 

(f) “Engineering work” means any work of construction, im¬ 
provement, or alteration or repair of buildings, streets, highways, 
sewers, street railways, railroads, logging roads, interurban roads, har¬ 
bors, docks, canals; electric, steam, or water power plants; telegraph 
and telephone plants and lines; electric light and power lines, and in¬ 
cludes any other work for the construction, alteration, or repair of 
which machinery driven by mechanical power is used. 

(g) “Reasonably safe place to work” means that the place of em¬ 
ployment has been made as free from danger to the life or safety of 
the employee as the nature of the employment will reasonably permit. 

(h) “Reasonably safe tools and appliances” are such tools and 
appliances as are adapted to and are reasonably safe for use for the 
particular purpose for which they are furnished, and shall embrace all 
safety devices and safeguards provided or prescribed by the “safety 
provisions” of the Article for the purpose of mitigating or preventing 
a specific danger. 

(i) “Employer” means any person, firm, association, or corpora¬ 
tion, and includes the State, counties, municipal corporations, cities 
under special charter and commission form of government, school dis¬ 
tricts, towns, or villages, and independent contractors, and shall in¬ 
clude the legal representative of a deceased employer. 

(j) “Employee” and “workman” are used synonymously, and 
means every person in this State, including a contractor other than “an 
independent contractor,” who, after January 1st, 1917, is engaged in 
the employment of an employer carrying on or conducting any of the 
industries classified in sections 4 (a), 4 (b), 4 (c), 4 (e), and 5 of this 
Article whether by way of manual labor or otherwise or whether upon 
the premises or at the plant of such employer, or who is engaged in the 
course of his employment away from the plant of his employer: Pro¬ 
vided, however, 

1. If the injury to a workman occurring away from the plant 
of his employer is due to the negligence or wrong of another not in 
the same employ, the injured workman, or, if death results from such 
injury, beneficiaries or dependents, as the case may be, shall elect 
whether to take under this Article or seek a remedy against such others; 
such election shall be made in advance of the commencement of the 
action. 

2. If he take under this Article the cause of action against such 
other shall be assigned to the State for the benefit of the industrial 
accident fund, or the employer or insurer, as the case may be. 




Submitted to the Electors of Arizona, November 7, 1916. 


33 


3. Any such cause of action assigned to the State may be prose¬ 
cuted or compromised by the board in its discretion. 

4. If such workman, his beneficiaries, or dependents, as the case 
may be, shall elect to proceed against the person responsible for the 
injury, such election shall constitute a waiver of any right to compen¬ 
sation under the provisions of this Article. 

(k) “Injury” means and shall include death resulting from 
injury. 

(1) “Beneficiary” means and shall include a surviving wife or husband 
and a surviving child or children under the age of sixteen years, and an 
invalid child or invalid children over the age of sixteen years, or if no 
surviving wife or husband, then the surviving child or children under the 
age of sixteen years, and any invalid child or children over the age 
of sixteen years in whom shall vest a right to receive compensation 
under this Article. 

(m) “Major dependent” means if there be no beneficiaries as 
defined in section 6 (1), the father and mother of the survivor of them, 
if actually dependent to any extent upon the decedent at the time of 
his injury. 

(n) “Minor dependent” means, if there be no beneficiary as de¬ 
fined in section 6 (1), and if there be no major dependent as defined 
in section 6 (m), the brothers and sisters, if actually dependent upon 
the decedent at the time of his injury. 

(o) “Invalid” means one who is physically or mentally in ca¬ 
pacitated. 

(p) “Child” include a posthumous child, a step-child, a child 
legally adopted prior to the injury, an illegitimate child legitamized 
prior to the injury. 

(q) “Injury” or “injured” refers only to an injury resulting 
from some fortuitous event as distinguished from the contraction of 
disease. 

(r) Wherever the singular is used the plural shall be included, 
and wherever the plural is used the singular shall be included. 

(s) Wherever the masculine gender is used the feminine and 
neuter shall be included. 

(t) The term “physician” shall include “surgeon” and in either 
case shall mean one authorized by law to practice his profession in this 
State. 

(u) “Week” means six working days, but includes Sundays. 

(v) “Wages” means the average daily wages received by the 
employee at the time of the injury for the usual hours of employment 
in a day, and overtime is not to be considered. 

(w) “Wife” or “widow” means only a wife or widow living with 
or legally entitled to be supported by the deceased at the time of the 
injury. 

(x) “Husband” or “Widower” means only a husband or widower 
incapable of supporting himself and living with or legally entitled to 
be supported by the deceased at the time of her injury. 

(y) “Board” means the Industrial Accident Board of the State 
of Arizona. 

(z) “Commissioner” means one of the members of the industrial 
accident board. 

(aa) “Appointed member of the board” means that member Of the 
industrial accident board appointed by the governor. 



34 


Pamphlet Containing Measures to Be 


(bb) “Order” shall mean and include any decision, rule, regu¬ 
lation, direction, requirement, or standard of the board, or any other 
determination arrived at or decision made by such board, excepting 
general or local orders, as herein specified. 

(cc) “General order” shall mean and include such order made 
under the safety provisions of this Article as applies generally through¬ 
out the State to all persons, employments, or places of employment, or 
employees working in such places of employment classed as hazardous 
in this Article. 

(dd) “Local order” shall mean and include any ordinance, order, 
rule or determination of any public corporation or any order or direc¬ 
tion of any other public official, board, or department upon any matter 
over which the industrial accident board has jurisdiction. 

(ee) “Pay roll,” “annual pay roll,” or “annual pay roll for the 
preceding year” means the average annual pay roll of the employer for 
the preceding calendar year, or, if the employer shall not have operated 
a sufficient, or any, length of time during such calendar year, twelve 
times the average monthly pay roll for the current year: Provided, 
that an estimate may be made by the board for any employer starting 
in business where no average pay rolls are available, such estimate to be 
adjusted by additional payment by the employer or refund by the 
board, as the case may actually be, on December 31st of such current 
year. 

(ff) “Year” unless otherwise specified, means calendar year. 
“Fiscal year” means the period of time between the first day of July and 
the thirtieth day of the succeeding June. 

(gg) “Public Corporation” means the state, or any county, 
municipal corporation, school district, city, city under commission form 
of government, or special charter town or village. 

(hh) “Insurer” means any insurance company authoried to trans¬ 
act business in this state insuring any employer under this Article. 

(ii) “Casual employment” means employment not in the usual 
course of trade, business, profession, or occupation of the employer. 

(jj) “The plant of the employer” shall iuclude the place of busi- 
nes of a third person while the employer has access to, or control over 
such place of business for the purpose of carrying on his usual trade, 
business or occupation. 

(kk) “An independent contractor” is one who renders service 
in the course of an occupation, representing the will of his employer 
only as the result of his work and not as to the means by which it is ac¬ 
complished. 

Section 7. (a) In computing compensation to children and to 

brothers and sisters, only those under sixteen years of age, or invalid 
children over the age of sixteen years, shall be included, and, in the 
case of invalid children, only during the period in which they are under 
that disability (within the maximum time limitations elsewhere in this 
Artclei provided), after which payment on account of such person shall 
cease. Compensation to children, or brothers, or sisters (except in¬ 
valids) shall cease when such persons reach the age of sixteen years. 

(b) If any beneciaries or major or minor dependents of a de¬ 
ceased employee die, or if the widow or widower remarry, the right of 
such beneciary or major or minor dependent, or such widow or widower, 
to compensation under this Article shall cease. 

Section 8. (a) No compensation under this Article, except as 



Submitted to the Electors of Arizona, November 7, 1916. 


35 


otherwise provided by treaty, shall be paid to any major or minor de¬ 
pendents not residing within the United States at the time of the in¬ 
jury to the decedent. 

(b) Except as otherwise provided by treaty, no compensation 
in excess of fifty per centum of the compensation provided in this Ar¬ 
ticle, shall be payable to any beneficiary not residing within the United 
States at the time of the injury to the decedent: Provided, however, 
that no compensation shall be allowed to any non-resident, alien bene¬ 
ficiary who is a citizen of a government having compensation law which 
excludes citizens of the United States, either resident or non-resident, 
from partaking of the benefit of such law in the same degree as herein 
extended to non-resident beneficiaries. 

(c) Nothing in Section 8 (b) shall prevent the compromise of any 
sums due a beneficiary not residing in the United States at the time of 
the injury to the decedent for a sum less than fifty per centum of the 
compensation provided in this Article upon the approval of the 
board of such compromise settlement. 

(d) Before payment of compensation to a beneficiary not re¬ 
siding within the United States satisfactory proof of such relationship 
as to constitute a beneficiary under this Article shall be furnished by 
such beneficiary duly authenticated under seal of an officer of a Court 
of law in the country where such beneficiary resides, at such times and 
in such manner as may be required by the board. And such proof shall 
be conclusive as to the identity of such beneficiary, and any other claim 
of any other person to any such compensation shall be barred from and 
after the filing of such proof. 

Section 9. (a) Payment of compensation to a beneficiary not 

residing within the United States may be made to any plenipotentiary 
or consul or consular agent within the United States representing the 
country in which such non-resident beneficiary resides, and the written 
receipt of such plenipotentiary, or consul, or consular agent shall acquit 
the employer, the insurer, or the board, as the case may be. 

(b) Where payment is due to a child under sixteen years of age, 
or to a person adjudged incompetent the same, shall be made to the 
parent, or the duly appointed guardian, as the case may be, and the 
written receipt of such parent or guardian shall acquit the employer, 
the insurer, or board, as the case may be. In other cases payment 
shall be made to the person entitled thereto or to his duly authorized 
representative. 

Section 10. (a) In case of personal injury or death all claims 

shall be forever barred unless presented within six months from the 
date of the happening of the accident. 

(b) No limitations of time, as provided in this Article shall run 
as against any injured workman who is mentally incompetent and with¬ 
out a guardian, or an injured minor under sixteeen years of age who 
may be without a parent or guardian. A guardian in either case may be 
appointed by any court of competent jurisdiction, in which event, the 
period of limitation, as provided in section 10 (a), shall begin to run 
on the date of the appointment of such guardian, or when such minor 
arrives at the age of sixteen years. 

Section 11. (a) Where any employer procures any work to be 

done, wholly or in part, for him by a contractor other than an independ¬ 
ent contractor, and the work so procured to be done is a part or process 
in the trade or business of such employer, then such employer shall be 
liable to pay all compensation under this Article to the same extent as 



36 


Pamphlet Containing Measures to Be 


if the work were done without the intervention of such contractor. And 
the work so procured to be done shall not be construed to be ‘"casual 
employment.” 

(b) Where any employer procures work to be done as specified in 
section 11 (a), ‘feuch contractor and his employees shall be presumed to 
have elected to have come under that plan of compensation adopted by 
the employer, unless they shall have otherwise elected, as provided 
herein. 

(c) Where any employer procures any work to be done, wholly or 
in part for him, by a contractor, where the work so procured to be done 
is casual employment as to such employer, then such contractor shall 
become the employer for the purposes of this Article. 

(d) Where any employer procures any work to be done, payment 

for which is to be made in property other than money or its equivalent, 
and the value of which property is speculative or intangible, the wages 
of the employees receiving such compensation shall be determined by 
the board in accordance with the going wage for the same or similar 
work in the district or locality where the same is to be performed: 
Provided, however, That where an employer procures any work to be 
done by any contractor, or through him by a subcontractor, the pay¬ 
ment for which is to be made in property other than money or its equiva¬ 
lent, and the value of which property is speculative or intangible, then 
and in that event the employer shall not be liable for compensation, but 
such liability shall fall upon the contractor or subcontractor, as the case 
may be. v > 

Section 12. (a) If an injured employee dies and the injury was 

the proximate cause of such death, then the beneficiary or the major or 
minor dependents of the deceased, as the case may be, shall receive the 
same compensation as though the death occurred immediately following 
the injury, but the period during which the death benefit shall be paid 
shall be reduced by the period during or for which compensation was 
paid for the injury. 

(b) If the employee shall die from some cause other than the 
injury, there shall be no liability for compensation after his death. 

(c) The question as to who constitutes a beneficiary or a major or 
minor dependent shall be determined as of the date of the happening 
of the accident to the employee, whether death shall immediately result 
therefrom or not. 

Section 13. (a) Whenever in case of injury the right to com¬ 

pensation under this Article would exist in favor of any employee, he 
shall, upon the written request of his employer or the insurer, submit 
from time to time to examination by a physician, who shall be pro¬ 
vided and paid for by such employer or insurer, and shall likewise sub¬ 
mit to examination from time to time by any physician selected by the 
board, or any member, or examiner, or referee thereof. 

(b) The request or order for such examination shall fix a time 
and place therefor, due regard being had to the convenience of the em¬ 
ployee, and his physical condition and ability to attend at the time 
and place fixed. The employee shall be entitled to have a physician, 
provided and paid for by himself, present at any such examination. So 
long as the employee, after such written request, shall fail or refuse to 
submit to such examination, or shall in any way obstruct the same, his 
right to compensation shall be suspended. Any physician employed by 
the employer, the insurer or the board who shall make or be present at 
any such examination may be required to testify as to the results 
thereof. 



Submitted to the Electors of Arizona, November 7, 1916. 


37 


Section 14. (a) Nothing in this Article shall be construed as pre¬ 

venting employers and workmen from waiving the provisions of Sec¬ 
tion 16 (f) of this Article and entering into mutual contracts or agree¬ 
ments providing for hospital benefits and accomodations to be fur¬ 
nished to the employee. 

(b) Such hospital contract or agreements must provide for medi¬ 
cal, hospital, and surgical attendance for such employee for sickness 
contracted during the employment, except venereal diseases, and sick¬ 
ness as a result of intoxication, as well as for injuries received arising 
out of and in the course of the employment. 

(c) No assessment of employees for such hospital contracts or 
benefits shall exceed $2.00 per month for each employee, except in 
cases where it shall appear to the satisfaction of the board, after a 
hearing had for that purpose, that the actual cost of such service ex¬ 
ceeds the said sum of $2.00 per month, and any such finding of the 
board may be modified at any time when justified by a change of condi¬ 
tions, or otherwise, either upon the boards own motion or the applica¬ 
tion of any party in interest. 

(d) No profit, directly or indirectly, shall be made by any em¬ 
ployer as a result of such hospital contract or assessments. It is the pur¬ 
pose and intent of this Article to provide that where hospitals are main¬ 
tained by employers such hospitals shall be no more than self-support¬ 
ing from assessment of employees, and that where hospitals are main¬ 
tained by other than the employer all sums derived by assessment of 
employees shall be paid in full to such hospital without deduction by 
the employer. 

(e) Each and every hospital maintained wholly or in part by 
payments from workmen, which furnishes treatment and services to 
employees for sickness and injury, as provided in this Article, shall be 
under the supervision of the board as to the services and treatment 
rendered such employees, and shall from time to time make reports of 
such services, attendances, treatments, receipts and disbursements as 
the board may require. 

(f) Neither an employer, an insurer, nor the board shall be liable 
in any way for any act in connection with the treatment or care, or 
malpractice in treatment or care, of any sickness or injury sustained 
by an employee or the beneficiary of any hospital contract, where such 
act or treatment or malpractice in treatment is caused, or alleged to 
have been caused, by any physician, hospital, or attendant furnished by 
such employer, insurer, or the board. In any action for malpractice 
arising out of the operations of this Article the merits of such action 
shall be investigated by the industrial accident board, and the finding of 
the board in relation thereto shall be filed with the clerk of the Court in 
which such action is pending. 

Section 15. In any action to recover damages for any act con¬ 
nected with the treatment or care or malpractice in treatment or care 
of any sickness of or injury sustained by an employee the question of 
whether or not due care was given by the defendants shall be a ques¬ 
tion of law for the Court. 

Section 16. Every employer who shall become bound by and sub¬ 
ject to the provisions of compensation plan number one, and every 
employer and insurer who shall become bound by and subject to the 
provisions of compensation plan number two, and the industrial accident 
fund where the employer of the injured employee has become bound by 



38 


Pamphlet Containing Measures to Be 


and subject to the provisions of compensation plan number three, shall 
be liable for the payment of compensation in the manner and to the 
extent hereinafter provided to an employee who has elected to come 
under this Article and who shall receive an injury arising out of and in 
the course of his employment, or, in the case of his death from such 
injury, to his beneficiaries, if any; or, if none, to his major dependents, 
if any; or, if none, to his minor dependents, if any. 

(a) For an injury producing temporary total disability, fifty per 
centum of the wages received at the time of the injury, subject to a 
maximum compensation of twelve and 50-100 dollars per week and a 
minimum compensation of six dollars per week; Provided, that if at the 
time of injury the employee received wages of less than six dollars per 
week that he shall receive the full amount of such wages per week. 
Such compensation shall be paid during the period of disability, but not, 
however, in any event, exceeding three hundred weeks. 

(b) For an injury producing total disability permanent in charac¬ 

ter, fifty per centum of the wages received at the time of the injury, 
subject to a maximum compensation of twelve and 50-100 dollars per 
week and a minimum compensation of six dollars per week; Provided, 
that if at the time of the injury the employee received wages of less 
than six dollars per week, then he shall receive the full amount of such 
wages per week. Such compensation shall be paid during the period 
of disability, not exceeding four hundred weeks, after which time pay¬ 
ment shall continue during disability at the rate of five dollars per 
week. ; ' 

(c) For an injury producing partial disability, one-half of the 
difference between the wages received at the time of the injury and the 
wages which such injured employee is able to earn thereafter, not ex¬ 
ceeding, however, the difference between the wages which the injured 
employee is able to earn after the injury and the maximum compensation 
allowed in cases of total disability; Provided, however, that such a sum 
shall be paid °as compensation in each case, which, when added to the 
wages which the injured employee is able to earn after the injury, will 
equal the minimum compensation allowed in cases of total disability. 
Such compensation shall be paid during the period of disability, not 
exceeding, however, .150 weeks in <^ases of permanent partial disability 
and 50 weeks in cases of temporary partial disability. 

i . . >' • i ■ • • 

•„ (d) ’Where the injury causes death, fifty per centum of the wages 
received at the time of the injury to his beneficiaries, if any, residing 
within the pni^ted ^States, at. the d^te of- the happening of the injury, br 
if residing bqtside of the United States, fifty per centum of said com¬ 
pensation, or, if none, then forty per centum of the wages received at 
the time of the injury-to his major dependents, if any, if residing in 
the United States fit the date of the happening of the injury, or, if none, 
then thirty per centum of the wages received at the time of the injury 
to his minor dependents, if any, residing within the United States at 
the date of the happening of the injury, subject to a maximum compen¬ 
sation of twelve and 50-100 dollars per week and a minimum compensa¬ 
tion of six dollars per Week, for a period not exceeding 400 weeks: 
Provided, That if at the time of the injury the employee received wages 
of less than six dollars per week, the full amount of such wages per 
week for a period of not exceeding 400 weeks. 

(e) There shalhbepaid in addition to other compensation, if death 
occurs within six months of the happening of the injury, the reasonable 
burial expenses of the employee, not exceeding $75. If the employee 



Submitted to th? Electors of Arizona, November 7, 1916. 


39 


leaves no beneficiaries or major or minor dependents, this shall be the 
only compensation. 

(f) During the first two weeks after the happening of the injury 
the employer or insurer or the accident fund, as the case may be, shall 
furnish reasonable medical and hospital services and medicines as and 
when needed, in an amount not to exceed fifty dollars in value, except 
as otherwise in this act provided, and when the employer is a party to 
a hospital contract, unless the employee shall refuse to allow them to be 
furnished. 

(g) No compensation shall be allowed or paid during the first 
two weeks of any injury, except as may be required by the provisions 
of section 16 (f). 

(h) Compensation for all classes of injuries shall run consecu¬ 
tively and not concurrently, and as follows: First, the two weeks’ 
medical and hospital services and medicines as provided in section 
16 (f), unless the employee is a contributor to a hospital fund, as other¬ 
wise in this act provided; after the first two weeks’ compensation as 
provided in section 16 (a) or 16 (b) or 16 (c) ; following either or none 
of the above, compensation as provided in section 16 (i) ; following 
any or either or none of the above, if death results from the accident 
within six months of the date of the injury, burial expenses as provided 
in section 16 (e) ; following which, compensation to beneficiaries, if 
any, following which, if no beneficiaries, compensation to major de¬ 
pendents; following which, if no beneficiaries and no major dependents, 
compensation to minor dependents, if any: Provided, That no com¬ 
pensation shall be paid to a major or minor dependent who does not 
reside within the United States or who did not reside within the United 
States at the date of the happening of the injury. Compensation due 
to beneficiaries shall be paid to the surviving spouse, if any, or if none, 
then divided equally among or for the benefit of the children. Com¬ 
pensation due to major dependents, where there be more than one, shall 
be divided equally among them. 

(i) In case of the following specified injuries, the compensation, 
in lien of any other compensation provided by this Article other than 
that provided in section 16 (f), unless the employee is a contributor 
to a hospital fund, as otherwise in this Article provided, shall be fifty 
per centum of the wages received at the time of the injury, subject to 
a maximum compensation of twelve and 50-100 dollars per week and a 
minimum compensation of six dollars per week: Provided, That if at 
the time of the injury the employee received wages of less than six 
dollars per week, then he shall receive the full amount of such wages 
per week, and shall be paid for the following periods: 


For the loss of— 

One arm at or near shoulder..<... 220 weeks 

One arm at the elbow. 198 weeks 

One arm between wrist and elbow. 176 weeks 

One hand .-. 165 weeks 

One thumb and the metacarpal bone thereof.... 66 weeks 

One thumb at the proximal joint.....-.33 weeks 

One thumb at the second distal joint. 22 weeks 

One first finger and the metacarpal bone thereof. 33 weeks 

One first finger at the proximal joint. 22 weeks 

One first finger at the second joint. 17 weeks 

One first finger at the distal joint. 11 weeks 

One second finger and the metacarpal bone thereof. 33 weeks 















40 


Pamphlet Containing Measures to Be 


One second finger at the proximal joint.. 17 weeks 

One second finger at the second joint. H weeks 

One second finger at the distal joint. 6 weeks 

One third finger and the metacarpal bone thereof.. 22 weeks 

One third finger at the proximal joint.-----. 14 weeks 

One third finger at the second joint.-— 9 weeks 

One third finger at the distal joint..-..... 5 weeks 

One fourth finger and the metacarpal bone thereof... 14 weeks 

One fourth finger at the proximal joint. 10 weeks 

One fourth finger at the second joint.. 7 weeks 

One fourth finger at the distal joint..... 4 weeks 

One leg at or so near the hip joint as to preclude the use 

of an artificial limb... 198 weeks 

One leg at or above the knee where stump remains suffi¬ 
cient to permit the use of an artificial limb.1 165 weeks 

One leg between the knee and ankle.. . 154 weeks 

One foot at the ankle.. 138 weeks 

One great toe with the metatarsal bone thereof. 33 weeks 

One great toe at the proximal joint. 17 weeks 

One great toe at the second joint. 11 weeks 

One toe other than the great toe with the metatarsal bone 

thereof ... 14 weeks 

One toe other than the great toe at proximal joint... 7 weeks 

One toe other than the great toe at second or distal joint ... 4 weeks 

One eye blind by enucleation... 132 weeks 

Total blindness of one eye. 110 weeks 


The loss of both hands or both arms, or both feet, or both legs, or 
both eyes, or any two thereof, in the absence of conclusive proof to the 
contrary shall constitute total disability permanent in character. 

(j) A workman in order to be entitled to compensation for 
hernia must clearly prove: (1) That the hernia is of recent origin, (2) 
that its appearance was accompanied by pain, (3) that it was imme¬ 
diately preceded by some accidental strain suffered in the course of the 
employment, and (4) that it did not exist prior to the date of the 
alleged injury. If a workman, after establishing his right to compensa¬ 
tion for hernia as above provided, elects to be operated upon, a special 
operating fee of not to exceed fifty dollars shall be paid by the employer, 
the insurer, or the board, as the case may be. In case such workman 
elects not to be operated upon, and the hernia becomes strangulated 
in the future, the results from such strangulation will not be com¬ 
pensated. 

(k) For the purpose of section 16 (i) the complete paralysis of 
an arm, hand, foot, or leg shall be considered the loss of such member. 
For the purpose of section 16 (i) the complete paralysis of both arms, 
both hands, both feet, or both legs, or any two of them, shall be con¬ 
sidered the loss of such members. 

(l) Should a further accident occur to a workman who is already 
receiving compensation hereunder, or who has been previously the re¬ 
cipient of a payment or payments under this Article, his further com¬ 
pensation shall be adjusted according to the other provisions of this 
Article, and with regard to the combined effect of his injuries and his 
past receipt of compensation. 

(m) If aggravation, diminution, or termination of disability takes 
place, or be discovered, after the rate of compensation shall have been 
established, or compensation terminated in any case where the maxi¬ 
mum payments for disabilities as provided in this Article have not been 

























Submitted to the Electors of Arizona, November 7, 1916. 


41 


reached, such changes may be adjusted for future application of com¬ 
pensation in accordance with the provisions hereof, or, in a proper case, 
terminate the payments. 

(n) All payments of compensation, as provided in this Article, 
shall be made semi-monthly, except as otherwise provided herein. 

(o) The semi-monthly payments provided for in this Article may 
be converted, in whole, or in part, into a lump-sum payment, which 
lump-sum payment shall not exceed the estimated value of the present 
worth of the deferred payments capitalized at the rate of five per centum 
per annum. Such conversion can only be made upon the written appli¬ 
cation of the injured workman, his beneficiary, or major or minor de¬ 
pendents, as the case may be, and shall rest in the discretion of the 
board both as to the amount of such lump-sum payment and the 
advisability of such conversion. 

Section 17. (a) No payments under this Article shall be assign¬ 

able, subject to attachment or garnishment, or be held liable in any way 
for any debts. 

(b) In case of bankruptcy, insolvency, liquidation, or the failure 
of an employer or insurer to meet any obligations imposed by this 
Article, every liability which may be due under this Article shall con¬ 
stitute a first lien upon any deposit made by such employer or insurer, 
and if such deposit shall not be sufficient to secure the payment of 
such liability in the manner, and at the times provided for in this 
Article, the deficiency shall be a lien upon all the property of such 
employer or insurer within this State, and shall be prorated with other 
lienable claims, and shall have preference over the claim of any creditor 
or creditors of such employer or insurer except the claims of other 
lienors. 

(c) No agreement by an employee to waive any rights under this 
Article for an injury to be received shall be valid. 

(d) Any employer who shall misrepresent to the board the 
amount of a pay roll upon which the premiums or assessments under 
compensation plan number three are to be levied, or upon which fees 
for factory inspection, subsequent inspection or reinspection, as else¬ 
where provided in this Article, are based, shall be liable to the State in 
ten times the amount of difference between the amount paid and the 
amount which should have been paid. Such liability may be recovered 
in a civil action brought in the name of the State. All sums collected 
under this section shall be paid into the fund to which the original pay¬ 
ments were or should have been credited. 

(e) The provisions of this Article shall not apply to any railroad 
engaged in interstate commerce, except that railroad construction work 
shall be included in and subject to the provisions of this Article. 

(f) Every employer coming under the provisions of compensa¬ 
tion plan number one and every insurer coming under the provisions 
of compensation plan number two shall, on or before the fifteenth day 
of each and every month, file with the industrial accident board dupli¬ 
cate receipts for all payments made during the previous month to 
injured workmen or their beneficiaries or dependents, and statements 
showing the amounts expended during the previous month for medical, 
surgical, and hospital services and for the burial of injured workmen. 

(g) No claims to recover compensation under this Article for in¬ 
juries not resulting in death shall be maintained unless, within sixty 
days after the occurence of the accident which is claimed to have caused 
the injury, notice in writing, stating the name and address of the person 



42 


Pamphlet Containing Measures to Be 


injured, the time and the place where the accident occurred, and the 
nature of the injury, and signed by the person injured, or some one in 
his behalf, shall be served upon the employer or the insurer: Provided, 
however, That actual knowledge of such accident and injury on the part 
of such employer or his managing agent or superintendent in charge of 
the work upon which the injured employee was engaged at the time of 
the injury shall be equivalent to such service. 

(h) Every employer of labor, and every insurer is hereby re¬ 
quired to file with the board, under such rules and regulations as the 

board may from time to time make a full and complete report of every 
accident to an employee arising out of or in the course of his employ¬ 
ment and resulting in loss of life or injury to such person. Such re¬ 
ports shall be furnished to the board in such form and such detail as 
the board shall from time to time prescribe, and shall make specific 
answer to all questions required by the board under its rules and reg¬ 
ulations, except, in case he is urable to answer any such questions, a 
good and sufficient reason shu;l be given for s^ch failure. 

(i) No informs cion furnished to the board by an employer or an 

insurer shall be open to public inspection, or made public except on 
order of the board, or by the board, or a member of the board in the 

course of a hearing or proceeding. Any officer or employee of the 

board who, in violation of the provisions of this section, divulges any 
information shall be guilty of a misdemeanor. 

(j) Whenever it is necessary to estimate the sum of money to 
set aside as a reserve in any case, the American Experience Table of 
Mortality shall be used. 

(k) It shall be unlawful for the employer to deduct or obtain any 
part of any premium required to be paid by this Article from the wages 
or earnings of his workmen, or any of them, and the making or attempt 
to make any such deduction shall be a misdemeanor, except that nothing 
in this section shall be construed as prohibiting contributions to a hos¬ 
pital fund, as elsewhere in this Article provided. 

Section 18. (a) All hearings and investigations before the 

board, or any member thereof, shall be governed by this Article, and 
by rules of practice and procedure to be adopted by the board, and in 
the conduct thereof neither the board, nor any member shall be bound 
by the technical rules of evidence. No informality in any proceedings 
or in the manner of taking testimony shall invalidate any order, de¬ 
cision, award, rule, or regulation made, approved, or confirmed by the 
board. . . 

(b) The board, or any member thereof, or any party to the 
action or proceeding may, in any investigation or hearing before the 
board, cause the deposition of witnesses residing within or without the 
State to be taken in the manner prescribed by Taw for like depositions 
in civil actions in the Superior courts of this State, and ts that end 
may compel the attendance of witnesses and the producton of books, 
documents, papers, and accounts. 

(c) The board is hereby vested with full power, authority, and 
jurisdiction to do and perform any and all things, whether herein 
specifically designated or in addition thereto, which are necessary or 
convenient in the exercise of any power, authority, or jurisdiction 
conferred upon it under this Article. 

(d) The board and each member thereof shall have power to 
issue writs of summons, warrants of attachment, warrants of commit¬ 
ment, and all necessary process in proceedings for contempt in like 




Submitted to the Electors of Arizona, November 7, 1916. 


43 


manner and to the same extent as courts of record. The process issued 
by the board, or any member thereof, shall extend to all parts of the 
State and may be served by any person authorized to serve process 
of courts of record, or by any person designated for that purpose by 
the board, or any member thereof. 

The person executing any such process shall receive such com¬ 
pensation as may be allowed by the board, not to exceed the fees now 
prescribed by law for similar service and such fees shall be'paid in the 
same manner as provided herein for fees of witnesses. 

(e) The board and each member thereof, its secretary and ref¬ 
erees, shall have the power to administer oaths, certify to all official 
acts, and to issue subpoenas for the attendance of witnesses, and the 
production of papers, books, accounts, documents, and testimony in any 
inquiry, investigation, hearing, or proceeding in any part of the state. 
Each witness who shall appear by order of the board, or any member 
thereof, shall be entitled to receive, if demanded, for his attendance 
the same fees and mileage allowed by law to a witness in civil cases in 
the Superior court, which amount shall be paid by the party at whose 
request such witness is subpoenaed, unless otherwise ordered by the 
board. When any witness who has not been required to attend at the 
request of any party is subpoenaed by the board his fees and mileage 
may be paid from the funds appropriated for the use of the board in 
the same manner as other expenses of the board are paid. Any wit¬ 
ness subpoenaed, except one whose fees and mileage may be paid from 
the funds of the board, may at the time of service demand the fee to 
which he is entitled for travel to and from the place at which he is 
required to appear, and one day’s attendance. If such witness de¬ 
mands such fees at the time of service and they are not at that time 
paid or tendered, he shall not be required to attend before the board, 
or a member thereof, or referee, as directed in the subpoena. 

i ' r "j jfcj' 

The Superior cou^t in and for the county in which any in¬ 
quiry, investigation, hearing, .pr proceeding may be held by the board, 
or any member thereof, shall have the power to compel the attendance 
of witnesses, the giving of testimony, and the production of papers, 
books, accounts, and documents as required by any subpoena issued by 
the board or any member thereof. The board, or any member thereof, 
before whom the testimony is to fc>e given or produced, in base of the 
refusal of any witness to attend or testify or produce any papers re¬ 
quired by such subpoena, may report to the Superior court in and for 
the county, in which the proceeding is pending, by petition, setting 
forth that due notice has been given of the time and place fixed for the 
attendance of said witness or the production of said papers, and that 
the witness hhs been summoned in the manner prescribed in this Article, 
and that the witness has failed and refused to attend, or produce the 
papers required by the subjoena before the board, or any member 
thereof, in the case or proceeding named in the notice and subpoena, 
or has refused to answer questions propounded to him in the course 
of such proceedings, and ask an order of said court compelling the wit¬ 
ness to attend and testify or produce said papers before the board. The 
court, upon the petition of the board, or any member of the board, shall 
enter an order directing the witness to appear before the court at the 
time and place to be fixed by the court in such order not more than 
ten days from the date of the order, and then and there show cause 
why he had not attended or testified or produced such papers before 
the board. A copy of said order shall be served upon said witness. If 
it shall appear to the court that said subpoena was regularly issued by 




44 


Pamphlet Containing Measures to Be 


the board, or a member thereof, and regularly served, the court shall 
thereupon enter an order that said witness appear at the time and place 
fixed in said order and testify or produce the required papers, and upon 
failure to obey said order, said witness shall be dealt with as for con¬ 
tempt of court. The remedy provided in this section is cumulative and 
shall not be construed to impair or interfere with the power of the 
board, or a member thereof, to enforce the attendance of witnesses and 
the production of papers and to punish for contempt in the same man¬ 
ner and to the same extent as courts of record. 

(g) Copies of official documents and orders filed or deposited 
according to law in the office of the board, certified by a member of 
the board or by the secretary under the official seal of the board to be 
true copies of the original, shall be evidence in like manner as the 
originals. 

(h) The costs and disbursements, incurred in any proceeding or 
hearing before the board, or a member thereof, may be apportioned be¬ 
tween the parties on the same or adverse sides in the discretion of the 
board. 

Section 19. The books, records, and pay rolls of the employer, 
pertinent to the administration of this Article, shall always be open to 
inspection by the board or any duly authorized employee thereof, for 
the purpose of ascertaining the correctness of the pay roll, the number 
of men employed, and such other information as may be necessary for 
the board and its management under this Article. Refusal on the part 
of the employer to submit said books, records and pay rolls for such 
inspection shall subject the offending employer to a penalty of one hun¬ 
dred dollars for each offense, to be collected by civil action in the name 
of the State, and paid into the State treasury. 

Section 20. (a) All proceedings to determine disputes or con¬ 

troversies arising under this Article shall be instituted before the board 
and not elsewhere, and heard and determined by them, except as other¬ 
wise in this Article provided, and the board is hereby vested with full 
power, authority, and jurisdiction to try and finally determine all such 
matters, subject only to review in the manner and within the time in 
this Article provided. 

(b) All orders, rules, and regulations, findings, decisions, and 
awards of the board in conformity with law shall be in force and shall 
be prima facie lawful; and all such orders, rules, and regulations, find¬ 
ings, decisions, and awards shall be conclusively presumed to be rea¬ 
sonable and lawful, until and unless they are modified or set aside by 
the board or upon review. 

(c) After a final hearing by the board it shall, within thirty days, 
make and file its findings upon all facts involved in the controversy and 
its award, which shall state its determination as to the right of the 
parties. 

(d) The board in its award may fix and determine the total 
amount of compensation to be paid and specify the manner of pay¬ 
ment, or may fix and determine the weekly disability indemnity to be 
paid, and order payment thereof during the continuance of such dis¬ 
ability: Providing, however, That the payment of such award and in¬ 
demnity shall be in the same manner as that of undisputed awards 
and indemnities coming within the particular plan provided for in this 
Article to which said award and indemnity belong. 

(e) If in any proceeding it is proved that an accident has 
happened for which the employer would be liable to pay compensation 



Submitted to the Electors of Arizona, November 7, 1916. 


45 


if disability has resulted therefrom, but it is not proved that an in¬ 
capacity has resulted, the board may, instead of dismissing the applica¬ 
tion, award a nominal disability indemnity if it appears that disability 
is likely to result at a future time. 

(f) The board shall have continuing jurisdiction over all its 
orders, decisions, and awards, and may at any time, upon notice and 
after opportunity to be heard is given to the parties in interest, rescind, 
alter, or amend any such order, decision, or award made by it upon good 
cause appearing therefor. Any order, decision, or award rescinding, 
altering, or amending a prior order, decision, or award shall have the 
same effect as original orders or awards, 

(g) A full and complete record shall be kept of all proceedings 
and hearings had before the board, or any member thereof, of any 
formal hearing had, and all testimony produced before the board, or 
any member thereof, shall be taken down by a stenographic reporter 
appointed by the board, and the parties shall be entitled to be heard in 
person or by attorney. In cases of an action to review any order or 
decision of the board, a transcript of such testimony, together with all 
exhibits, and of the pleadings, records and proceedings in the cause, 
shall constitute the record of the board. 

(h) No orders or decisions of the board shall be subject to col¬ 
lateral attack, and may be reviewed or modified only in the manner 
provided herein. 

Section 21. (a) ; At any time within twenty days after the serv¬ 

ice of any order of decision of the board any party or parties aggrieved 
thereby may apply for a rehearing upon one or more of the following 
grounds and upon no other grounds: 

1 . That the board acted without or in excess of its powers. 

2 . That the order, decision, or award was procured by fraud. 

3. That the evidence does not justify the findings. 

4. That the applicant has discovered new evidence, material to 
him, and which he could not, with reasonable diligence, have 
discovered and produced at the hearing. 

5. That the findings do not support the order, decision or award. 

6 . That the order, decision, or award is unreasonable. 

(b) Nothing contained in section 21 (a) shall, however, be con¬ 
strued to limit the right of the board, at any time, after the date of its 
award, and from time to time after due notice and upon the application 
of any party interested, to review, diminish, or increase within the 
limits provided by this Article any compensation awarded upon the 
grounds that the disability of the person in whose favor award was 
made has either increased or diminished or terminated. 

(c) The application for rehearing shall set forth specifically, and 
in full detail the grounds upon which the applicant considers said order, 
decision, award, rule, or regulation to be unjust or unlawful, and shall 
in other respects conform to such rules and regulations as the board 
may prescribe. 

(d) The board shall have full power and authority to make and 
prescribe rule§ to govern the procedure upon rehearing, and any mat¬ 
ters before it and any order made after such rehearing abrogating or 
changing the original order and shall have the same force and effect 
as an original order and shall not affect any right, or enforcement of 
any right arising from or by virtue of the original order. 

(e) An application for rehearing or the appeal hereinafter pro¬ 
vided shall not excuse any employer, employee, or other person from 



46 


Pamphlet Containing Measures to Be 


complying with or o'beying any order or requirement of the board or 
operate in any manner to stay or postpone the enforcement of an order 
or requirement thereof, except as the board or the court may direct. 

Section 22. (a) Within thirty days after the application for a 

rehearing is denied, or, if the application is granted, within thirty days 
after the rendition of the decision on the rehearing, and within twenty 
days after notice thereof, any party affected thereby may appeal to the 
Superior court of the County in the State of Arizona, wherein the em¬ 
ployer may have his place of residence, or if such employer be a cor¬ 
poration may have its principal office or place of business, or if said 
appeal be prosecuted by an injured workman or his dependents, such 
appeal may be taken to the Superior court of the county within which 
such workman was injured, which said appeal shall be for the purpose 
of having the lawfulness of the original order, decision, or award, or 
the order, decision, or award on rehearing inquired into and determined. 

(b) Said appeal shall be taken by serving a written notice of said 
appeal upon the chairman of such industrial accident board, or upon any 
other member thereof, which said service shall be made by the delivery 
of a copy of such notice to such chairman or member, and filing the 
original with the clerk of the court to which said appeal is taken. A 
copy of such notice must also be served upon the adversary party, if 
there be any, by mailing the same to said adversary party to such 
address of such party as said party shall have left with the board. If 
such party shall have left no address with the board, then no service 
upon such party shall be required. The order of filing and service of 
said notice is immaterial. Immediately upon service upon said board 
of said notice the said board shall certify to said Superior Court the 
entire record and proceedings, including all testimony and evidence 
taken by said board, with the clerk of said Superior Court. 

Immediately upon the return of such certified record the Superior 
Court shall fix a day for the hearing of said cause, and shall cause 
notice to be served upon the board, and upon the appellant, and also 
upon the adversary party, if there be any. The court may, upon the 
hearing, for good cause shown, permit additional evidence to be intro¬ 
duced, but in the absence of such permission from the court the cause 
shall be heard on the record of the board as certified to the court by it. 
The trial of the matter shall be de novo, and upon such trial the court 
shall determine whether or not the board regularly pursued its author¬ 
ity, and whether or not the findings of the board ought to be sustained, 
and whether or not such findings are reasonable under all the circum¬ 
stances of the case. 

(c) The board and each party to the action or proceeding before 
the board shall have the right to appear in the proceeding, and it shall 
be the duty of the board to so appear. If the court shall find from 
such trial as aforesaid that the findings and conclusions of the board 
are not in accordance with either the facts or the law, or that they 
ought to be other or different than those made by the board, or that 
any finding and conclusion or any order, rule, or requirement of the 
board is unreasonable, the court shall set aside such finding, conclusion 
order, judgment, decree, rule, or requirement of said board, or shall 
modify or change the same as law and justice shall require, and the 
court shall also make and enter any finding, conclusion, order or judg¬ 
ment that shall be required or shall be legal and proper in the premises. 

(d) Eithei the board or the appellant or any adversary party if 
there be ane, may appeal to the Supreme Court of the State of Arizona 
from any final order, judgment, or decree of the said Superior court, 



Submitted to the Electors of Arizona, November 7, 1916. 


47 


which said appeal shall be taken in like manner as appeals are now taken 
in other civil actions to the said Supreme Court, and upon such appeal 
the said Supreme Court shall make such orders in reference to a stay 
of proceedings as it finds to be just in the premises, and may stay the 
operation of any order, judgment, or decree of said Superior Court 
without requiring any bond or undertaking from the applicant for such 
stay. When any such cause is so appealed it shall have precedence 
upon the calendar of the said Supreme Court, and shall be tried 
anew by said Supreme Court, upon the record made in said Superior 
Court and before said board, and judgment and decree shall be entered 
therein as expeditiously as possible. 

Section 23. (a) The Legislature of the State of Arizona shall 

from time to time appropriate such sums as may be necessary to pay 
the salaries, traveling and office expenses of the board and all other 
expenses incident to the administration of this Article and to the carry¬ 
ing out of its provisions, and the State Auditor shall, on the orders or 
orders of the Industrial Accident Board, draw warrants on the general 
fund for the sums so appropriated which warrants shall be paid by the 
State Treasurer out of the general. fund, and until and unless the 
Legislature makes appropriation or appropriations as above provided the 
Auditor shall, on orders issued by the Industrial Accident Board, draw 
warrants on the general fund for all sums which the said board may 
deem necessary to carry out the provisions of this Article and to put 
and keep it in full force and effect, which warrants shall be paid by 
the State Treasurer out of the general fund. 

(b) There is hereby appropriated out of the industrial accident 
fund such sums as may be necessary to pay the compensation provided 
for in this Article. 

Section 24. (a) Whenever this Article, or any part or section 

thereof, is interpreted by a Court, it shall be liberally construed by 
such Court. 

(b) If any section, subsection, subdivision, sentence, clause, para¬ 
graph, or phrase of this Article is for any reason held to be unconsti¬ 
tutional or void, such decision shall not affect the validity of the re¬ 
maining portions of this Article, so long as sufficient remains of the 
Article to render the same operative and reasonably effective for carry¬ 
ing out the main purpose and intention thereof. 

(c) The moneys coming into the industrial accident fund shall be 
held in trust for the purpose for which such fund is created, and if this 
Article shall be hereafter abrogated, such moneys shall be subject to 
such disposition as may be provided therefor by law. 

(d) This Article shall not effect any action pending or any cause 
of action existing on the thirty-first day of December, 1916. 

Section 25. (a) The board shall, not later than the first day of 

April of each year, make a report to the governor covering its entire 
operations and proceedings for the preceding calendar year, with such 
suggestions or recommendations as it may deem of value for public in¬ 
formation. A reasonable number of copies of such report shall be 
printed for general distribution. 

PART II. 

COMPENSATION PLAN NUMBER ONE. 

Section 30. (a) Any employer in the industries, trades, works, 

occupations, or employments in this Article specified as hazardous, by 
filing his election to become subject to and be bound by compensation 
plan number one, upon furnishing satisfactory proof to the board of 



48 


Pamphlet Containing Measures to Be 


his solvency and financial ability to pay the compensation and benefits 
in this Article provided for, and to discharge all liabilities which are 
reasonably likely to be incurred by him during the calendar year for 
which such election is effective, may, by order of the said board, make 
such payments directly to his employees as they may become entitled 
to receive the same under the terms and conditions of this Article. 

(b) Every such employer now or hereafter engaged in the State 
of Arizona in the industries, trades, works, occupations, or employ¬ 
ments heren mentioned, and who shall have elected to be bound by 
such compensation plan number one, shall file such proof of his solvency 
within the time and in such form as may be prescribed by the rules or 
orders of the board. 

If such employer making such election shall be found by the board 
to have the requisite financial ability to pay the compensation and 
benefits in this Article provided for, then the board shall grant to such 
employer permission to carry on his said business for the calendar year 
within which such election is made and such proof filed, or the remain¬ 
ing portion of such calendar year, and to make such payments directly 
to his employees as they may become entitled to receive the same. 
Every employer, so long as he continues in his said employment, and 
so long as he continues to be bound by such compensation plan number 
one, shall, at least thirty days before the expiration of each calendar 
year, renew his application to be permitted to continue to make such 
payments as aforesaid directly to his employees for the next ensuing 
calendar year and under like circumstances as those mentioned for the 
granting of such permission upon such first application, the board may 
renew the same from year to year. 

(c) The board may at any time require from any employer acting 
under compensation plan number one additional proof of solvency and 
financial ability to pay the compensation provided by this Article, and 
may at any time, upon notice to such employer of not less than ten or 
more than twenty days, after and upon a full hearing, revoke any order 
or approval theretofore made. 

(d) If said Industrial Accident Board shall find that such em¬ 
ployer has not financial responsibility for the payment of the compensa¬ 
tion herein provided to be paid which might reasonably be expected to 
be chargeable to such employer during the calendar year to be covered 
by such permission, said Industrial Accident Board must so find, and 
must require such employer, before granting to him such permission, or 
before continuing or engaging in such employment, subject to the pro¬ 
visions of compensation plan number one, to give security for such 
payment, which security must be in such an amount as said board shall 
find it reasonable and necessary to meet all liabilities of such employer 
which may reasonably and ordinarily be expected to accrue during such 
calendar year. Said security must be deposited with the treasurer of 
the board and may be a certain estimated per centum of said employ¬ 
er’s last preceding annual pay roll, or a certain per centum of the es¬ 
tablished amount of his annual pay roll for said calendar year, or 
such security may be in the form of a bond or undertaking executed 
to said industrial accident board in the amount to be fixed by it with 
two or more sufficient sureties, which undertaking must be conditioned 
that such employer will well and truly pay, or cause to be paid, all such 
sums and amounts for which the employer shall become liable under the 
terms of this Article to his employees during said calendar year, or such 
security may consist of any State, county, municipal, or school district 
bonds, or the bonds or evidence of indebtedness of any individuals or 



Submitted to the Electors of Arizona, November 7, 1916. 


49 


corporations which the board may deem solvent; and every such deposit 
and the character and amount of such securities shall at all times be 
subject to approval, revision, or change by the board as in its judg¬ 
ment may be required, and upon proof of the final payment of the 
liability for which such securities are given, such securities, or any re¬ 
maining part thereof, shall be returned to the depositor. The treas¬ 
urer of the board and his bondsmen shall be liable for the value and 
safe-keeping of all such deposits or securities, and shall at any time 
upon demand of the bondsmen or the depositor of the board account 
for the same and the earnings thereof. 

(e) Upon the failure of said employer to pay any compensation 
provided for in this Article upon the terms and in the amounts and at 
the times when the same shall become due and payable, it shall be the 
duty of such Industrial Accident Board, upon demand of the person to 
whom compensation is due, to apply any deposits made with the board 
to the payment of the same, and it shall be its duty to take the proper 
steps to convert any securities on deposit with the said board, or suf¬ 
ficient thereof, into cash and to pay the same upon the liabilities of said 
employer accruing under the terms of this Article, and it shall be its 
duty, in so far as the same shall be necessary, to collect and enforce 
the collection of the liability of all sureties upon any bonds which may 
be given by the said employer to insure the payment of his said liability. 
And to these ends and for these purposes the board shall be deemed to 
be the owner of said deposit and security and the obligee in said bond 
in trust for the said purposes and may proceed in its own name to 
recover upon such bonds or foreclose and liquidate said securities. 

(f) Within thirty days after the happening of an accident where 
death or the nature of the injury renders the amount of future pay¬ 
ments certain, or reasonably certain, the employer shall make a deposit 
or give security as herein defined with the treasurer of the board for 
the protection and guaranty of the payment of such liability in such 
sum as the board may direct: Provided, however, That if sufficient 
securities are already on deposit with the said board or if the said 
board shall have determined that the employer has sufficient financial 
responsibility to meet said liability of the said employer, together with 
other liabilities already accrued, no such additional deposit or security 
shall be demanded. 

(g) Any employer against whom liability may exist for compen¬ 
sation under this Article may, with the approval of the board, be re¬ 
lieved therefrom by (1) depositing the present value or. the estimated 
present value of the total unpaid compensation for which such liability 
exists, assuming interest at five per centum per annum, with the treas¬ 
urer of the board; or (2) purchasing an annuity within the limitations 
provided by law in any insurance company granting annuities and au¬ 
thorized to transact business in this State, subject to the approval of 
the board. 

PART III 

COMPENSATION PLAN NUMBER TWO 

* • : •f- “ • 

Section 35. (a) Any employer in the industries, trades, works, 

occupations, or employments in this Article specified as hazardous,, by 
filing his election to become subject to and bound by compensation plan 
number two, may insure his liability to pay the compensation and 
benefits herein provided for in any insurance company authorized to 
transact such business in this State. 

(b) Any employer electing to become subject to and bound by 
compensation plan number two shall file with the board written ac- 



50 


Pamphlet Containing Measures to Be 


ceptance of the provisions of compensation plan number two, together 
with a statement, upon forms provided by the board, of the nature of 
his employment, the character and location of his works, the number 
of men employed during the preceding year, or any part of the pre¬ 
ceding year, and the probable number of men to be employed during 
the first calendar year to be covered by such election; and the board 
shall thereupon determine the amount of insurance which will be rea¬ 
sonably necessary to secure the compensation with which the said em¬ 
ployer may reasonably be expected to become chargeable during such 
calendar year. And thereupon the said employer shall file the policy 
or policies of insurance herein provided for with the board, which 
policy or policies shall insure in the amounts so fixed by the board 
against any and all liability of the employer to pay the compensation 
and benefits provided for in this Article. The amount of such insur¬ 
ance shall be fixed by the board for each ensuing calendar year during 
which said employer shall engage in his said employment, and shall 
remain subject to the provisions of compensation plan number two, 
and for the purpose of fixing such amount of said insurance, the said 
board may make all reasonable and necessary investigation, and the 
said employer shall furnish to such board all information which it 
may require. 

(c) All policies insuring the payment of compensation under this 
Article must contain a clause to the effect that as between the em¬ 
ployee and the insurer the notice to or knowledge of the occurence 
of the injury on the part of the insured shall be deemed notice or 
knowledge, as the case may be, on the part of the insurer; that jurisdic¬ 
tion of the insured for the purpose of this Article shall be jurisdiction 
of the insurer; and that the insurer shall in all things be bound by and 
subject to the awards, orders, judgments, or decrees rendered against 
such insured. 

(d) No such policy shall be issued unless it contains the agree¬ 
ment of the insurer that it will promptly pay to the person entitled to 
compensation all the installments of compensation or other payments 
in this Article provided for, and that the obligation shall not be affected 
by any default of the insured after the injury, or by any default in the 
giving of any notice required by such policy or by this Article, or other¬ 
wise. Such agreement shall be construed to be a direct promise by the 
insurer to the person entitled to compensation. 

(e) Every policy for the insurance of the compensation herein 
provided for or against liability therefor shall be deemed to be made 
subject to the provisions of this Article. No insurer shall enter into 
any such policy of insurance unless its form shall have been approved 
by the board and as otherwise provided by law. 

(f) Every renewal of such policy shall be made and delivered to 
said board at least thirty days prior to the expiration of the expiring 
policy. 

(g) Within thirty days of the happening of an accident where 
death or the nature of the injury renders the amount of future pay¬ 
ments certain or reasonably certain, the insurer shall make a deposit 
as herein defined with the treasurer of the board for the protection 
and guaranty of the payment of such liability in such sum as the 
board may direct. 

(h) Any insurer against whom liability may exist for compensa¬ 
tion under this Article may, with the approval of the board, be relieved 
therefrom by (1) depositing the present value or the estimated present 
value of the total unpaid compensation for which such liability exists, 




Submitted to th$ Electors of Arizona, November 7, 1916. 


SI 


assuming interest at five per centum per annum, with the treasurer of 
the board; or (2) by purchasing an annuity within the limitations pro¬ 
vided by law in any insurance company granting annuties and author¬ 
ized to transact business in this State, subject to the approval of the 
board. 

(i) No policy of insurance issued under the provisions of com¬ 
pensation plan number two shall be cancelled within the time limited 
for its expiration, except upon thirty days' notice to the employer in 
favor of whom such policy is issued, and to the board, unless such policy 
sought to be cancelled shall have been sooner replaced by other in¬ 
surance. 

(j) Every insurance company transacting business under this 
Article shall, at the time and in the manner prescribed by the board, 
make and file with the board such reports of accidents as the board 
may require. 

(k) Every policy or contract insuring against liability for com¬ 
pensation under compensation plan number two must contain a clause 
to the effect that the insurer shall be directly and primarily liable to 
and will pay directly to the employee, or in case of death, to his bene¬ 
ficiaries or major or minor dependents, the compensation, if any, for 
which the employer is liable. Every such policy shall at all times be 
subject to the approval, change, or revision by the board, and shall 
contain the clauses, agreements, and promises required by this Article. 

(l) Any deposit made under the provisions of compensation plan 
number two shall be held in trust by the treasurer of the board as 
security for the payment of the liability for which the deposit was 
made. Such deposit may be reduced from time to time with the per¬ 
mission of the board, as the payment of the liability of the insurer 
may reduce the amount required to be on deposit. Such deposit may 
be changed or renewed when desired by the depositor by withdrawing 
the same, or any part thereof, and substituting other deposits therefor; 
upon proof of the final payment of the liability for which such deposit 
was made any deposit remaining shall be returned to the depositor. 
All earnings made by such deposit shall be first applied upon any lia¬ 
bility of the depositors, and if no such liability exists then such earnings 
shall upon demand be delivered to such depositor. The treasurer of 
the board and his bondsmen shall be liable for the value and safe-keep¬ 
ing of such deposit, and shall at any time upon demand of his bonds¬ 
men, the depositor, or the board account for the same and the earnings 
thereof. 

PART IV 

COMPENSATION PLAN NUMBER THREE 

Section 40. (a) Every employer, subject to the provisions of 
compensation plan number three, shsfll, in the manner and at the times 
herein specified, pay into the State treasury, in accordance with the 
following schedule, a sum equal to the percentage of his total annual 
pay roll specified in this section, which said schedule is subdivided into 
classes, and the percentage of payments of premiums or assessments to 
be required from each of said classes is as follows: 

Class one—Broom or brush manufacturing, without saw mill; 
theatre stage employees; moving picture operators; electrotyping; en¬ 
graving; lithographing; photo-engraving; stereotyping; embossing; 
bookbinding; printing; jewelry manufacturing; not otherwise specified; 
sixty-five one-hundredths of one per centum. 

Class two—Cloth, textile, and wool manufacturing, not otherwise 



52 


Pamphlet Containing Measures to Be 


specified; wharf employees, other than stevedores and longshoremen; 
eight-tenths of one per centum. 

Class three—Manufacturing alcohol, drugs, other than ammonia; 
candy, crackers, saddles, harness, leather novelties, mattresses, not in¬ 
cluding spring or wire, paint, varnish, wagons, buggies, carriage, sleighs, 
cutters; operation of tugs and steamboats; manufacturing roofing paper 
and articles of paper not otherwise specified, paper boxes; automobiles, 
motor trucks, hardware; working in rubber, not otherwise specified; 
manufacturing boots and shoes; manufacturing articles of and working 
in leather not otherwise specified; one and three-tenths per centum. 

Class four.7---Manufacturing cheese, condensed rnilk.^; operating 
creameries, manufacturing spices and condiments; paper hanging; kal- 
somining; whitewashing; making willow baskets; setting tiles, mantels 
and marble works, inside work only; making grease, lard, soap, tallow; 
inside plumbing work; ...installing heating .systems; painting and deco¬ 
rating, inside work only; metal ceiling work;.one and fo.ur-tenths per 
centum. 

Class five.—Manufacturing glass, operating breweries, bottling 
works, grain warehouses, grain elevators; manufacturing articles of 
brass, copper, lead and zinc; operating machine shops, not otherwise 
specified; lathing, plastering; canneries of meat, fruit, vegetables, or 
fish, not including Can manufacturing; cutting stone or paving blocks, 
other than in quarries, with or without machinery; installing electrical 
apparatus inside; installing fire alarm apparatus inside; covering boil¬ 
ers or steam pipes; concrete laying in floors, street paving, or side¬ 
walks, not otherwise specified; laying asphalt and other paving not 
otherwise specified; including shop and yard; manufacturing canoes 
and rowboats; well drilling; constructing and repairing of paving of 
bricks or blocks; one and five-tenths per centum. 

Class six.—Operating of laundries with power, dyeing, bleaching, 
and cleaning works; manufacturing of furniture, show cases, office and 
store furniture and fixtures; cabinet-making; manufacture of wire mat¬ 
tresses, bed springs, wooden coffins, caskets, rough wooden boxes for 
coffins; building hothouses, working in foodstuffs, fruits, edible oils or 
vegetables, not otherwise classified; operating flour mills, chop mills, 
feed mills; one and six-tenths per centum. 

Class seven.—Manufacturing wood fibre ware; installing automatic 
sprinklers or ventilating systems; setting glass; erecting fire-proof 
doors and shutters inside of buildings; operating tanneries, sugar fac¬ 
tories; beveling glass; manufacturing peat fuel; building wooden stairs; 
manufacturing brick, including kilns and buildings and digging in pits, 
briquettes; brooms with sawmills, earthenware, fire clay, porcelain 
ware, pottery, tile, terra cotta; brush making with sawmills; one and 
eight-tenths per centum. 

Class eight.—Manufacturing of ammonia; operating waterworks, 
gas works; grading, either of streets or otherwise, or road making, 
without blasting construction of plank road, plank street, or plank side¬ 
walk; operating creosoting works, pile treating works, treating ties or 
other timber products; plumbing, both at and away from the shop, in¬ 
cluding house connections, without blasting; construction of waterworks, 
gas works and coke ovens, including laying of mains and connections, 
without blasting; one and nine-tenths per centum. 

Class nine.—Manufacturing artificial ice; operating refrigerator 
plants, cold-storage plants, foundaries, packing houses, including 
slaughtering; manufacturing agricultural implements, threshing ma- 




Submitted to the Electors of Arizona, November 7, 1916. 


53 


chinery, traction engines, harvesting machinery; manufacturing as¬ 
phalt; operating steam heating and power plants; manufacturing gas or 
gasoline engines; operating farries; stone crushing, not at quarries; 
boat or ship building, other than canoes or rowboats, without scaffolds; 
laying hot flooring composition, not otherwise specified; operating 
stockyards; two per centum. ■ * 

Class ten.—Operating paper mills, pulp mills; longshoring; steve¬ 
doring; manufacturing fertilizers; operating garbage works;* inciner¬ 
ators, crematories, lime kilns or burners, no quarrying; installing boilers, 
steam engines, dynamos, machinery, not otherwise specified; putting 
up belts for machinery; manufacturing barrels,-kegs, pails* staves, tubs, 
excelsior; veneer, pacldng cases, sash,, doors, and blinds; operation and 
maintenance of interurban railways without third rail; two and two- 
tenths per centum. -c v 1 . » / = r " .- 

Class eleven.—Millwrighting, not otherwise specified; manufactur¬ 
ing building material, not otherwise specified; working in building ma¬ 
terial, not otherwise: specified; two and- one-quarter per centum. 

' Class twelve..—-Operation of smelters; manufacturing of metallic 
coffins; manufacturing of iron or Steel; boat or ship rigging; planing 
mills, independent; cement manufacturing; operating blast furnaces; 
two and three-tenths per centum. 

Class thirteen.—Street or road making, with blasting; manufac¬ 
turing wood baskets, kindling wood, window and door screens, cordage, 
and rope; manufacturing and refining oil; placing wires in conduits; 
two and four-tenths per centum. 

Class fourteen.—Concentrating and amalgamating of ores; wood¬ 
working, not otherwise specified; operating gravel bunkers; hauling 
gravel; operating gravel pits; operating wood saws; painting, exterior 
work; operating boiler works; making steam shovels; boilers; ship¬ 
writing; operating sawmills, lath mills; bridgework factories; operation 
of and work in mines, other than coal; two and five-tenths per centum. 

Class fifteen.—Operating rolling mills, manufacturing tanks, not 
otherwise specified; erecting and repairing advertising signs; harvesting 
and storing of ice, including loading on cars; making and repairing of 
locomotives and railroad cars; cutting stone at stoneyards connected 
with quarries; boat or ship building with scaffolds; logging operations^ 
with or without machinery; booming or driving logs, ties, or other tim¬ 
ber products; operating shingle mills; operating quarries; two and three- 
quarters per centum. 

Class sixteen.—Operating dredges; construction of telephone and 
telegraph systems; construction of dams and reservoirs, electric light 
and power plants, waterworks, and water systems; installing furnaces; 
constructing blasting furnaces; sewcf building, maximum depth of exca¬ 
vation at any point seven feet; operation and maintenance of steam rail¬ 
ways, including logging railways; operating coal mines; three per cen¬ 
tum. 

Class seventeen.—Operating dry docks, including floating dry 
docks; ornamental metal work within buildings; electric railway con¬ 
struction, without rock work or blasting; railroad construction, includ¬ 
ing street and cable railways, without rock work or blasting; building 
canals, without rock work or blasting; installing freight or passenger 
elevators; operation of telephone and telegraph systems; making 
dredges; constructing dry docks; three and one quarter per centum. 

Class eighteen.—Carpenters not otherwise specified; constructing 
grain elevators, not metal framed; stump pulling with donkey engines; 



j54 j) j o • Pamphlet Containing Measures to Be 


steani, electric, and cable railway construction, with rock work or blast¬ 
ing; construction of logging railways with rock work or blasting; 
operation and maintenance of electric railways using third rail, and 
street railways, all systems, including electric and cable; operation and 
maintenance of electric light and power plants, including transmission 
systems and extensions of lines; electric systems, not otherwise speci¬ 
fied; three and one-half per centum. 

Class nineteen.—Pile driving; clearing land with blasting; galvan¬ 
ized iron or tin works; marble works; fire-proofing of buildings, by 
means of wire netting and concreting; cellar excavation, with or without 
blasting; three and three-quarters per centum. 

Class twenty.—Constructing breakwaters, marine railways, and jet¬ 
ties; installation and repair of electrical apparatus, not otherwise speci¬ 
fied, outside work only; stamping of metal or tin; building trestles and 
tunnels other than mining; shaft sinking, not otherwise specified; four 
per centum. 

Class twenty-one.—Moving safes, boilers, machinery; construction 
of tanks, water towers, windmills, not metal frame; plumbers making 
house connections with blasting; roof work; slate work; stonework; 
stone setting; brick work construction, not otherwise specified; con¬ 
struction of canals with rock work or blasting; bridge building, wooden; 
construction of floating docks; constructing chimneys of metal or con¬ 
crete; four and one-half per centum. 

Class twenty-two.—Excavations, not otherwise specified; laying 
of mains and connections, with blasting; sewer building, where maximum 
depth of excavation at any point exceeds seven feet; blasting, not other¬ 
wise specified; manufacturing fireworks; five per centum. 

Class twenty-three.—Erecting fire escapes, fireproof doors and 
shutters outside of buildings; building concrete structures, not otherwise 
specified; concrete or cement work not otherwise specified; six per 
centum. 

Class twenty-four.—Constructing iron or steel frame structures or 
parts; constructing and repairing steel frames and structures; sub¬ 
aqueous work; caisson works; six and one-half per centum. 

Class twenty-five.—House moving, house wrecking; construction 
or repair of steeples; construction of brick chimneys; six and three- 
quarters per centum. 

Class twenty-six.—Manufacturing powder, dynamite, and other ex¬ 
plosives, not otherwise specified, ten per centum. 

Class twenty-seven.—Any employer and his employees engaged in 
nonhazardous work or employment, by their joint election, filed with 
and approved by the board, may accept the provisions of compensation 
plan number three. In such event such employer and employees shall 
be known as class twenty-seven, the rate of assessment in which shall 
be one-half of one per centum. 

(b) If a single establishment or work comprises several occupa¬ 
tions listed in section 40 (a) in different classifications, the assessment 
shall be computed accordng to the pay roll of each occupaton if clearly 
separable, otherwise an average rate of assessment shall be charged for 
the entire establishment, taking into consideration the number of em¬ 
ployees and the relative hazards. 

(c) The classification of hazardous occupations in section 40 (a) 
and the rates of premium or assessment therein fixed are advisory only, 
and the board is hereby given full power and authority to rearrange, re¬ 
vise, add to, take from, change, modify, increase, or decrease any classi¬ 
fication or rate named in section 40 (a) as in its judgment or experience 



Submitted to the Electors of Arizona, November 7, 1916. 


55 


may be necessary or expedient: Provided, That no change in the classi¬ 
fication or rates prescribed in section 40 (a) shall be made effective 
prior to the end of the first calendar year, and thereafter any changes 
so made shall not become effective until thirty days after the date of the 
order or decision of the board making such change except that in case of 
new industries, or industries not enumerated in section 40 (a), the board 
shall have the right to make an immediate classification thereof and 
establish a rate therefor. .j 

(d) It is the intent and purpose of compensation plan number 
three that each industry, trade, occupation, or employment coming 
under the provisions of said plan, shall be liable and pay for all injuries 
happening to employees coming under the provisions of said plan, and 
that all funds collected by assessments as herein provided shal| be.-paid 
into one common fund to be known as the industrial accident fund, 
which fund shall be devoted exclusively to the payment of all valid claims 
for injuries happening in each industry, trade, occupation, or employ¬ 
ment coming under the provisions of compensation plan number three; 
Provided, that accounts shall be kept with each industry, trade, occupa¬ 
tion or employment in accordance with the foregoing classification or 
otherwise, as the board may direct, both as to receipts and disburse¬ 
ments, for the purpose of providing information and statistics necessary 
for determining any changes in such rates or classifications. 

(e) There shall be collected from all classes as initial payments 
into the industrial accident fund, on or before the fifteenth day of Janu¬ 
ary, 1917, one-fourth of the premium or assessment for that calendar 
year,and one-twelfth thereof at the first of each month beginning with 
the first day of April, 1917; after the year 1917 one-twelfth of the re¬ 
quired percentage of the total annual payroll shall be paid at the begin¬ 
ning of each month: Provided, That if such fund shall have a sufficient 
balance on hand at the end of the first three months, or any month 
thereafter, to meet the requirements of the industrial accident fund, 
no assessment shall be called for such month. 

(f) The first payment shall be collected upon the pay roll of the 
months of October, November and December, 1916. At the end of each 
calendar year an adjustment of the account shall be made upon the basis 
of the actual pay roll. Any shortage shall be made good within thirty 
days thereafter. Every employer who shall enter into business at any 
intermediate day shall make his payments in the same manner and upon 
the same basis before commencing operations; the amount of such pay¬ 
ments shall be calculated upon his estimated pay roll, and an adjustment 
shall be made on or before February first in the year following, in the 
manner above provided. 

(g) Any employer who is -m default in the observance of any 
order of the board, issued pursuant to the provisions of sections 40 (a) 
to 40 (f), inclusive, shall, in addition to any other penalty provided by 
this Article, be charged an advance of twenty-five per centum over the 
established rate, and such advanced rate shall continue and be in force 
until such employer shall have ceased to be in such default. 

(h) Any change in classification of risks or premium rates, or 
any change caused by change in the class of work, occurring during the 
calendar year, shall be equalized by the board within thirty days after 
the end of such year in proportion to its duration in accordance with 
the schedules provided in this Article. 

(i) If at the end of any year it shall be seen that the contribu¬ 
tion to the industrial accident fund by any class of industry shall be 
less than the drain upon such fund on account of that class, the defi- 



56 


Pamphlet Containing Measures to Be 


ciency shall be made good to the fund on the first day of February of 
the following year by the employers of that class in proportion to their 
respective payments for the previous year. 

(j) Upon the happening of an accident where death or the nature 
of the injury renders the amounts of future payments certain or reason¬ 
ably certain, the board shall forthwith cause the treasurer of the board 
to set apart out of the industrial accident fund a sum of money, to be 
calculated on the basis of the maximum sum required to pay the com¬ 
pensation accruing on account of such injury, which will meet such re¬ 
quired payments, not exceeding, however, the sum of four thousand dol¬ 
lars for any one case. 


(k) The treasurer of the board shall invest such reserve in bonds 
of the United States, bonds of the State of Arizona, or bonds of any 
county, city, or school district in the State of Arizona, or any other se¬ 
curity which may be approved by said board, and out of the same and 
its earnings shall be paid the monthly installments and any lump sum 
then or thereafter arranged for the case. Any deficiency shall be made 
good out of and any balance or overplus shall revert to the industrial 
accident fund. 

(l) The treasurer of the board shall keep an accurate account of 
all such segregations of the industrial accident fund, and upon direction 
of the board shall divert from the main fund any sums necessary to 
meet monthly payments, pending the conversion into cash of any se¬ 
curity, and in such case shall repay the same out of the cash realized 
from the security. 

(m) If any employer shall default in any payment to the indus¬ 
trial accident fund, the sum due may be collected by an action at law in 
the name of the State, and such right of action shall be cumulative. 

(n) For any injury happening to any of his workmen during de¬ 
fault in any payment to the industrial accident fund, the defaulting em¬ 
ployer as to such injury shall be considered as having elected not to 
come under the provisions of this Article, except that he shall be and 
remain liable to pay to the industrial accident fund the amount of such 
default, together with the penalty prescribed by section 40 (g). 

. Z, (o) The person entitled to sue under the provisions of section 40 
(h)’ shall have the option of proceeding by suit or taking under this 
Article. If such person take under this Article, the cause of action a-ainst 
the employer shall be assigned to the State for the benefit of the in- 
dustiial accident fund. If such person shall elect to proceed against 
the defaulting employer, such election shall constitute a waiver of any 
right to compensation under the provisions of this Article. 

(p) Any cause of action assigned to the State under the preced¬ 
ing section may be prosecuted or compromised by the board in its dis¬ 
cretion. 


(q) Where a workman is entitled to compensation under com¬ 
pensation plan number three, he shall file with the board his application 
therefor, together with the certificate of the physician who attended 

lm, and it shall be the duty of such physician to lend all necessary as¬ 
sistance in making application for compensation and such proof of other 

matters as may be required by the rules of the board without charge to 
the workman. & 

(r) For a proper compliance with the provisions of the preceding 
section the physician, after approval by the board, shall be paid out of 

the industrial administration fund one and one-half dollars for each 
case. 



Submitted to the Electors of Arizona, November 7, 1916. 


57 


(s) Where death results from the injury, the parties entitled to 
compensation under compensation plan number three, or some one in 
their behalf, shall make application for the same to the board. The 
application must be accompanied with proof of death and proof of rela¬ 
tionship, showing the parties entitled to compensation, certificate of the 
attending physician, if any, and such other proof as may be required by 
the rules of the board. 

(t) In computing the pay roll the entire compensation received 
by every workman employed in the hazardous occupations enumerated 
in this Article shall be included, whether it be in the form of salary, 
wage, piecework, overtime, or any allowance in the way of profit-sharing 
premium or otherwise, and whether payable in money, board, or other¬ 
wise. 

(u) Disbursements out of the industrial accident fund shall be 
made by the treasurer of the board as the board may order. If at any 
time there shall not be sufficient money in the accident fund with which 
to pay any warrants drawn thereon, the employer, on account of whose 
workmen the warrant was drawn, shall pay the same, and upon his next 
contribution to such fund he shall be credited with the amount so paid 
with interest thereon at the rate of six per centum per annum from the 
date of such payment to the date upon which the next assessment be¬ 
comes payable, and if the amount of the credit exceeds the amount of 
such assessment, he shall have a warrant upon such fund for the excess, 
and if said warrant be not paid for want of funds, it shall be credited 
and be applied upon succeeding assessments. 

(v) All earnings made by the industrial accident fund by reason 
of interest paid for the deposit thereof, or otherwise, shall be credited 
to and bocem a part of said fund, and the making of profit, either di¬ 
rectly or indirectly, by the treasurer of the board, or any other person, 
out of the use of the accident fund shall constitute a felony, and on con¬ 
viction thereof shall subject the person making such profit to imprison¬ 
ment in the State penitentiary for a term not exceeding two years, or 
a fine not exceeding five thousand dollars, or both such fine and im¬ 
prisonment, and the treasurer of the board shall be liable upon his offi¬ 
cial bond for all profits realized for any unlawful use of the said fund. 

PART V 

SAFETY PROVISIONS 

Section 50. (a) No employer shall construct, maintain, or oper¬ 

ate, or cause to be constructed, maintained, or operated any place of 
employment that is not safe. 

(b) No employee shall remove, displace, damage, destroy, or carry 
off any safety device or safeguard furnished and provided for use in 
any employment or place of employment, or interfere in any way with 
the use thereof by any other person, or interfere with the use of any 
method or process adopted for the protection of any employee in such 
employment or place of employment, or fail or neglect to do anything 
reasonably necessary to protect the life and safety of himself and other 
employees. 

(c) The board is vested with full power and jurisdiction over and 
shall have such supervision of every employment and place of employ¬ 
ment in this State as may be necessary adequately to enforce and ad¬ 
minister all laws and all lawful orders requiring such employment and 
place of employment to be safe and requiring the protection of the life 
and safety of every employee in such employment or place of employ¬ 
ment. 



58 




Pamphlet Containing Measures to Be 


i (d) The board shall have power, in addition to other powers 
herein granted, by general or special orders, rules, or regulations or 
otherwise: , * 

1. To declare and prescribe what safety devices, safeguards, or 
other means or methods of protection as are well adapted to render em¬ 
ployees and places of employment safe. 

2. To fix such reasonable standards and to prescribe, modify, and 
enforce such reasonable orders for the adoption, installation, use, main¬ 
tenance, and operation of safety devices, safeguards, and other means 
and methods of protection; as may be necessary for the protection of the 
life and safety of employees. 

3. To fix and order such reasonable standards for the construc¬ 
tion, repair, and maintenance of places of employment as shall render 
them safe. 

4. To require the perfarmance of any act necessary for the pro¬ 
tection of life and safety of employees. 

5. To declare and prescribe the general form of industrial acci¬ 
dent reports, the accidents to be reported and the information to be 
furnished in connection therewith, and the time within which such re¬ 
ports shall be filed. Nothing in this Article contained shall be con¬ 
strued to prevent the board from requiring supplemental accident re¬ 
ports :• Provided, however, That where by the laws of the State of Ari¬ 
zona, the manner or method of carrying on any business, or the rules or 
regulations in relation thereto, or the character or kind of safety devices 
has been prescribed, no other or additional requirements shall be made 
by the board, but it shall be the duty of the board to see that the em¬ 
ployer lives up to and obeys said laws. 

(e) Upon the fixing of a time and place for the holding of a 
hearing for the purpose of considering and issuing a general safety 
order or orders, the board shall cause a notice of such hearing to be 
published in one or more daily newspapers of general circulation, pub¬ 
lished and circulated in the State. No defect or inaccuracy in such 
notice or in the publication thereof shall invalidate any general order 
issued by the board after a hearing has been had. 

Section 51. (a) After January 1st, 1917, every place of em¬ 

ployment of a work or occupation defined by sections 4(a), 4(b), 4(c), 
4(d), 4(e), and 5 of this Article to be hazardous shall be inspected at 
least once during each year by an inspector or examiner appointed by 
the board. Such inspection shall be for the purpose of determining 
the condition and operation of such places of employment as regards 
the safety of employees working therein, and the use of safeguards, 
safety appliances, and reasonably safe tools and appliances. 

(b) A report of such inspection shall be filed in the office of the 
board, and a copy thereof given the employer. 

(c) Each place of employment inspected as provided in section 
51 (a) and found in a satisfactory condition shall receive from the 
board, upon payment of the inspection fees hereinafter provided for, a 
certificate to that effect, which certificate must be prominently dis¬ 
played, under glass, in one of the principal places of the establishment 
so inspected. 

(d) If after such inspection and report thereof to the board it 
shall be found that any such place of employment is not constructed, 
maintained, or operated as provided in this Article, the board shall 
order the installation, use, maintenance, and operation, within such 
reasonable time as the board may direct, of such safety devices, safe- 




Submitted to the Electors of Arizona, November 7, 1916. 


5§ 


guards, and other means and methods of protection as may be neces¬ 
sary to reasonably insure the safety of the workmen employed therein, 
subject to the provisions of section 51 (e). 

(e) If after such inspection the board or any inspector or ex¬ 
aminer thereof shall find such place of employment in such an unsafe 
condition as to constitute an immediate menace to the safety of the 
workmen employed therein, the board, or any inspector or examiner 
thereof, may order any such place of employment closed, or the work 
therein to cease, until such safety devices, safeguards, and other means 
and methods or changes or removals as may be ordered by the board* 
or any inspector or examiner thereof, shall have been installed, re¬ 
paired, changed, or removed, and such place of employment put in 
such condition as will reasonably insure the safety of the workmen 
therein. i ) 

Section 52. (a) For each annual inspection made under the pro¬ 

visions of this section the employer shall pay, at the time of such in¬ 
spection, a fee of five cents for each one thousand dollars or fraction 
thereof of his annual pay roll for the preceding year: Provided, That 
no inspection fee under this section shall be less than five dollars. 1 

(b) The. fees for any subsequent or reinspection made during 
any year in which an annual inspection shall have been made shall be: 

Where the annual pay roll for the preceding year shall have been 
not more than twenty-five thousand ($25,000) dollars, five ($5) dollars. 

Where the annual pay roll for the preceding year shall have been 
more than twenty-five thousand ($25,000) dollars but not more) than 
one hundred thousand ($100,000) dollars, ten ($10) dollars. i ■ 

Where the annual pay roll for the preceding year shall have been 
more than one hundred thousand ($100,000) dollars but not mord 
than five hundred thousand ($500,000) dollars, twenty ($20) dollars. 

Where the annual pay roll for the preceding year shall have been 
more than five hundred thousand ($500,000) dollars but not rhore 
than one million ($1,000,000) dollars, forty ($40) dollars. 

Where the annual pay roll for the preceding year shall have' been 
more than one million ($1,000,000) dollars, fifty ($50) dollars. 

(c) All fees received by the board for inspection or for subse¬ 

quent or reinspection, and all fines imposed or collected for a violation 
of the safety provisions of this Article shall be paid monthly to the 
State treasurer. ’ , 

Section 53. (a) Whenever the board shall find that any employ¬ 

ment or place of employment is not safe, or that the practice or,means 
or methods of operation or processes employed or used in connection 
therewith are unsafe, or do not afford adequate protection to, the life 
and safety of employees in such employments and places of employ¬ 
ment, the board shail make and enter and serve such order relative 
thereto as may be necessary to render such employment or place of 
employment safe and protect the life and safety of employees in such 
employments and places of employment, and may in said order direct 
that such additions, repairs, improvements, or changes be made; and 
such safety devices and safeguards, be furnished, provided, and used 
as are reasonably required to render such employment or places of 
employment safe, in the manner and within the time specified ih such 
order. 

(b) The board may, upon application of any employer or other 
person affected thereby, grant such time as may reasonably be neces- 



60 


Pamphlet Containing Measures to Be 


sary for compliance with any order, and any person affected by such 
order may petition the board for an extension of time, which the board 
shall grant if it finds such an extension of time necessary. 

(c) Whenever the board shall learn or have reason to believe 
that any employment or place of employment is not safe or is injurious 
to the welfare of any employee it may summarily investigate the same, 
with or without notice or hearings, and enter and serve such order as 
may be necessary relative thereto. 

(d) Every employer, employee, and other person shall obey and 
comply with each and every requirement of every order, decision, direc¬ 
tion, rule, or regulation, made or prescribed by the board, and shall do 
everything necessary or proper in order to secure compliance with and 
observance of every such order, decision, rule or regulation. 

(e) Nothing contained in this Article shall be construed to de¬ 
prive any other public corporation, board, or department of any power 
or jurisdiction over or relative to any place of employment: Provided, 
That whenever the board shall by order fix a standard of safety for 
employments or places of employment such order shall, upon the filing 
by the board of a copy thereof with the secretary or clerk of any such 
public corporation to which or within whose jurisdiction it may apply, 
establish a minimum requirement concerning the matters covered by 
such order, and shall be construed in connection with any local order, 
relative to the same matter and to amend or modify any require¬ 
ment in such local order not up to the standard of the order of the 
board. 

(f) Every order of the board, general or special, its rules or 
regulations, findings or decisions, shall be admissable in evidence in 
any prosecution for, or suit to prevent, the violation of any of the 
provisions of this Article, and shall be presumed to be reasonable. 
This presumption is, however, a rebuttable presumption. 

(g) The board may investigate the cause of all industrial acci¬ 
dents occuring in any employment or place of employment, or directly 
or indirectly arising from or connected therewith, resulting in personal 
injury or death; and the board shall have the power to make such orders 
or recommendations with respect to such accidents as may be just and 
reasonable: Provided, That neither the order nor the recommendation 
of the board, nor any accident report filed with the board, shall be 
admitted as evidence in any action for damages, or any proceeding to 
recover compensation, based on or arising out of such injury or death. 

(h) If by reason of poor or careless management or otherwise 
any place of employment be unduly dangerous, in comparison with 
other like places of employment, and the employer operating the same 
shall not have complied with the safety provisions of this Article, and 
such employer shall be under compensation plan number three, the 
board, in addition to any other penalty provided by this Article, shall 
advance the rate upon such place of employment fifty per centum, 
and such advanced rate shall continue and be in force until such place 
of employment shall have ceased to be unduly dangerous in compari¬ 
son with other like places of employment, and such employer shall 
have obtained a certificate of the inspector or examiner provided for 
herein. 

Section 54. Every employer, employee, or other person who either 
individually or acting as an officer, agent, or employee of a corporation 
or other person violates any safety provisions contained in this Article, 
or any part of any such provision, or who shall fail or refuse to comply 



61 


Submitted to the Electors of Arizona, November 7, 1916. 


with any such provision or any part thereof, or who directly or indi¬ 
rectly knowingly induces another so to do, is guilty of a misdemeanor. 

Section 55. (a) Whenever in this Article the inspection of mines 

is referred to, such inspection shall be made by the State mine inspector 
or his deputy, and nothing in this Article contained shall be construed 
as modifying or limiting in any way the duties required to be performed 
by the State mine inspector as may be otherwise provided by law: 
Provided, however, That the State mine inspector shall collect and 
account for the fees herein prescribed for inspection or subsequent or 
reinspection. 

No rule, regulation, or requirement relating to' the operation of 
mines within the State of Arizona made by said board shall be lawful 
or valid unless the same shall be concurred in and approved by the 
State mine inspector, and shall have been within the power of the said 
State mine inspector to make in the first instance. 

(b) A copy of any order, direction, or requirement of the State 
mine insnector shall be filed with the board and shall thereupon be¬ 
come and have all the force and effect of an order of the board, subject 
only to review by the Court as in this Article provided. 

Section 56. Sections 4, 5, 6, 7, and 8 of Article XVIII of the 
Constitution of the State of Arizona, and Chapters VI and VII of Title 
XIV of the Revised Statutes of Arizona 1913, Civil Code, and any and 
all portions of the Constitution and laws of the State of Arizona in 
conflict with or inconsistent with this Article are hereby abrogated. 

Filed July 6th, 1916. 

SIDNEY P. OSBORN, Secretary of State. 

ARGUMENT 

(Affirmative) 

Submitted by 
W. P. MAHONEY, 

Oatman, Arizona. 

In favor of the measure designated on the official ballot as follows: 

PROPOSED AMENDMENT TO THE CONSTITUTION. 

PROPOSED BY INITIATIVE PETITION. 

TO PROVIDE FOR THE PROTECTION AND SAFETY OF WORK¬ 
MEN IN ALL PLACES OF EMPLOYMENT AND FOR THE INSPEC¬ 
TION AND REGULATION OF PLACES OF EMPLOYMENT IN ALL 
INHERENTLY HAZARDOUS WORKS AND OCCUPATIONS; PRO¬ 
VIDING A SCHEDULE OF COMPENSATION FOR INJURY TO OR 
DEATH OF WORKMEN AND METHODS OF PAYING THE SAME, 
AND PRESCRIBING THE LIABILITY OF EMPLOYERS WHO DO 
NOT ELECT TO PAY SUCH COMPENSATION; ESTABLISHING 
THE INDUSTRIAL ACCIDENT BOARD, DEFINING ITS POWERS 
AND DUTIES; PROVIDING FOR A REVIEW OF ITS AWARDS; 
AND ABROGATING ANY AND ALL LAWS AND CONSTITUTIONAL 
PROVISIONS IN CONFLICT HEREWITH. 

If you favor the above law, vote YES; if opposed, vote NO. 

110 Yes. 


Ill No 
























62 


Pamphlet Containing Measures to Be 


ARGUMENT IN FAVOR OF PROPOSED AMENDMENT OF THE 
CONSTITUTION OF THE STATE OF ARIZONA. 

To provide for the protection and safety of workmen in all 
places of employment and for the inspection and regulation 
of places of employment in all inherently hazardous works 
and occupations; providing a schedule of compensation for in¬ 
jury to or death of workmen and methods of paying the same, 
and prescribing the liability of employers who do not elect to 
pay such compensation; establishing the industrial accident 
board, defining its powers and duties; providing for a review 
of its awards; and abrogating any and all laws and Constitu¬ 
tional provisions in conflict therewith. 

The above is a proposed amendment to the Arizona Constitution 
giving to Arizona a compensation law in every essential the same as 
the Compensation Law now in effect in the State of Montana. The 
law has, of course, been written so as to be applicable to Arizona. 
There is one material change from the Montana Law in the proposed 
Arizona amendment, and that is the payments of compensation pro¬ 
vided in this Act are about ten per cent of an increase over the 
Montana Law. This was done so as ‘ to give Arizona workmen the 
advantage of the best compensation law which has been tried out by 
any mining state in the west. 

The amendment provides three plans of compensation: 

FIRST: The employer, if financially able, can assume the com¬ 
pensation risk himself and pay whatever compensation may become 
due under the law; the bills, of course, to be made under the direction 
of the Industrial Accident Board, which is created by the law. 

SECOND: The employer can insure payments under the amend¬ 
ment by buying insurance in any responsible company authorized to do 
and guarantee insurance business by the Insurance Department of 
Arizona. 

THIRD: A State fund will be created, and employers preferring 
to do so can contribute to this fund, from which compensation may be 
paid if the same becomes due under this Act to employees of those 
employers contributing to the State fund. All payments, however, are 
to be fixed by the Industrial Accident Board provided for in the Act. 

All disputes under the Act must be instituted before the Board 
provided for in the Act to settle such disputes, and not elsewhere. 

The Montana Law relating to workmen’s compensation is, accord¬ 
ing to Arizona workmen who formerly worked in Montana, a good law 
and one of the best in the west. It is giving satisfaction to both em¬ 
ployer and employee, and although the law was drawn in Montana by 
the Law and Legislative Committee of the workmen, the employers 
accepted the law without contest. Although the Montana schedules 
have been materially increased in the law proposed for Arizona, it is 
hoped that the Arizona employers will follow the lead of the mining 
companies in Montana. 6 

One strong argument for the adoption of some compensation law 
will be to make possible prompt settlement of disputes between em¬ 
ployer and employee over the question of compensation for injuries 
sustained and avoid the expensive and long-drawn-out Court trials in 
suits for damages. 


W. P. MAHONEY. 



Submitted .to the Electors of Arizona, November 7, 1916. 


63 


PROPOSED AMENDMENT TO THE CONSTITUTION OF THE 

STATE OF ARIZONA. 

AN ACT TO AMEND ARTICLE IV, OF THE CONSTITUTION 
OF THE STATE OF ARIZONA. 

To be submitted to the qualified electors of the State of Arizona for 

their approval or rejection at the 

REGULAR GENERAL ELECTION 
to be held 

ON THE SEVENTH DAY OF NOVEMBER, 1916. 

Proposed by Initiative petition of the people and filed in the office of 

the Secretary of State, July 6, 1916, in accordance with the 
provisions of Paragraph 3328, Chapter I, Title XXII, 

Revised Statutes of Arizona, 1913, 

Civil Code. 

Printed in. pursuance of Paragraph 3332, Chapter I, Title XXII, 
Revised Statutes of Arizona, 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 

The following is the form and number in which the question will 
be printed on the official ballot: 

PROPOSED AMENDMENT TO THE CONSTITUTION. 
_PR OPOSED BY INITIA TI VE PETITION. _■__ 

AN ACT TO AMEND ARTICLE IV, OF THE CONSTITUTION 
OF THE STATE OF ARIZONA, “Abolishing State Senate.” 

If you favor the above law, vote YES; if opposed, vote NO. 

112 Yes! •'/ ; '" T ' ' . :7; 

113 No. 

(On Official Ballots Nos. 112 and 113). 

^ ; 4 V r * x AN ACT 

TO AMEND ARTICLE IV, OF THE CONSTITUTION OF THE 
STATE OF ARIZONA. 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIONA: 

That Section 1 of Subdivision 1 of Article IV of the Constitution 
of. the State, of Arizona is hereby amended to read as follows; 

Section 1. The legislative authority of the State shall be vested 
in a legislature consisting of a House of. Representatives, but the people 
reserve the power to propose laws and amendments to the Constitution, 
and to enact or reject such laws and amendments at the polls inde¬ 
pendent of the legislature, and they also reserve for use at their own 
option, the power to approve or reject at the polls any act, or item, 
section or part, of any act of the legislature.” 

That Section 1 of Subdivision 2 of Article IV of the Constitution 
qf the State of Arizona is hereby amended to read as follows: 

“Section 1. (a) Until otherwise provided for by law, the 

House of Representatives shall consist of thirty-five (35) members, and 
shall be apportioned among the several counties as follows: Apache 
County (1) one, Cochise County (7) seven, Coconino County (1) one, 
Gila County (3) three, Graham County (2) two, Greenlee County (2) 
two, Maricopa County (6) six, Mohave County (1) one, Navajo 
County (1) one, Pima County (3) three, Pinal County (1) one, 
Santa Cruz County (1) one, Yavapai County (4) four, Yuma County 
(2) two. 

(b) It is the intent and purpose of the people of the State of 
Arizona, in the enactment of this amendment to abolish the State 
































64 


Pamphlet Containing Measures to Be 


Senate and to confer upon the remaining house all of the authority 
and jurisdiction heretofore conferred upon both houses by the Consti¬ 
tution without disturbing the remainder of the Constitution and in all 
cases where the State Senate has heretofore had conferred upon it any 
powers or the performance of any duties, all of such powers shall be 
exercised by, and all of such duties performed by the House of Repre¬ 
sentatives. 

This Amendment shall be in effect on and after January the first, 
1918. Filed July 6, 1 916. SID NEY P. OSBORN, Secretary of State. 

ARGUMENT? 

(Affirmative.) 

Submitted by 

STATE FEDERATION OF LABOR. 

In favor of the measure designated on the official ballot as follows: 

PROPOSED AMENDMENT^rcT THE CONSTITUTION. 

PROPOSED BY INITIATIVE PETITION. 

AN ACT TO AMEND ARTICLE IV, OF THE CONSTITUTION 
OF THE STATE OF ARIZONA, “Providing for the abolition of the 
State Senate/’ 

If you favor the above law, vote YES; if opposed, vote NO. 

112 Yes. 

113 No. __ _________ 

ARGUMENT - INFAVOITOF^ThE^BOVE^AMENDMENT 

The strongest argument against a one house legislature is that the 
second house is a check on bad legislation because a bill must pass both 
bodies, yet the same impediment applies to good measures, and the 
necessity for it does not exist as the people through the referendum 
approve or disapprove legislation. 

The two houses permit a legislator to fool his constituents by 
introducing measures promised them in his house, and killing them in 
the other; or, as in our last legislature, one house threatens to, and 
actually holds up needed legislation because the other declines to pass 
an abnoxious measure. 

Measures opposed by special interests are easily defeated in the 
two house system, because it is only necessary to control one house, 
and there are two chances with that system to one with the other. 
The lobbyist attempts to defeat a measure in the committee, and failing 
there, concentrates his efforts on whichever house offers the best chance 
to block it. With one house the people are in touch with their repre¬ 
sentative and can recall him should he oppose the purpose for which 
he was elected. 

A conference committee appointed by the presiding officers is now 
the real legislature and legislation is secured by trading. The House 
to pass its bills accepts Senate bills, and vice versa. The majority of 
bills pass in the closing days. The rest of the time allotted is spent in 
preliminaries, appointing committees, playing politics, and squabbling 
over points of factional advantage. 

One house would be representative because the voter would elect 
fewer representatives and would know which one was responsible for any 
action. Responsible to a people armed with the recall, it will be 
solicitous of public approval, and will readily react to criticism, while 
in a two house system the individual member, is shielded from blame 
by being safely lost in the divided responsibility of the two chambers. 
In one house the individual would be conspicuous and his responsibility 
would be clearly appreciated by the people, making it more difficult for 
him to be corrupted. ARIZONA STATE FEDERATIOiN OF bABOk, 

B. T. WILKINSON, President. 
















Submitted to the Electors of Arizona, November 7, 1916. 


65 


AN ACT 

RELATING TO THE ENFORCEMENT OF THE DEATH PEN¬ 
ALTY AND AMENDING PARAGRAPH 173, CHAPTER I, TITLE 
VIII, PENAL CODE, OF THE REVISED STATUTES OF ARIZONA, 
1913. 

AN INITIATIVE MEASURE 

To be submitted to the qualified electors of the State of Arizona, 

for their approval or rejection at the 

REGULAR GENERAL ELECTION 
to be held 

ON THE SEVENTH DAY OF NOVEMBER, 1916. 

By initiative petition of the people filed in the office of the Secretary of 
State, November 10, 1915, in accordance with the provisions 
of Paragraph 3328, Chapter 1, Title XXII, Revised 
Statutes of Arizona, 1913, Civil Code. 

Printed in pursuance of Paragraph 3332, Chapter 1, Title XXII, 
Revised Statutes of Arizona, 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 

The following is the form and number in which the question will 
be printed on the official ballot: 

_ PROPOSED B Y INI TIATIVE PETITION O F THE PEOPLE ._ 

AN ACT 

RELATING TO THE ENFORCEMENT OF THE DEATH PEN¬ 
ALTY AND AMENDING PARAGRAPH 173, CHAPTER I, TITLE VIII, 
PENAL CODE, OF THE REVISED STATUTES OF ARIZONA, 1913, 
“Abolishing Death Penalty.” 

If you favor the above law, vote YES; if opposed, vote NO. 

300 Yes. 

301 No. " 


(On Official Ballot, Nos. 300 and 301.) 

AN ACT 

RELATING TO THE ENFORCEMENT OF THE DEATH PEN¬ 
ALTY AND AMENDING PARAGRAPH 173, CHAPTER I, TITLE 
VIII, PENAL CODE, OF THE REVISED STATUTES OF ARIZONA, 
1913. 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA: 

Section 1. That Paragraph 173, Chapter I, Title VIII, Penal Code, 
of the Revised Statutes of Arizona, 1913, be and the same is hereby 
amended so as to read as follows: 

“173. Every person guilty of murder in the first degree shall 
suffer imprisonment for life, and every person guilty of murder in the 
second degree shall be confined in the State Prison for not less than 
ten years. No person convicted of the crime of murder shall be recom¬ 
mended for pardon, commutation or parole by the Board of Pardons 
and Paroles, except upon newly discovered evidence establishing to the 
satisfaction of all the members of said Board his or her innocence of 
the crime for which conviction was secured.” 

Section 2. All acts and parts of acts in conflict with this Act are 
hereby repealed. 

Filed November 10, 1915. 

SIDNEY P. OSBORN, Secretary of State. 


























66 


Pamphlet Containing Measures to Be 


AN ACT 

CREATING A DEPARTMENT OF LABOR; PRESCRIBING THE 
DUTIES, POWERS, QUALIFICATIONS AND COMPENSATION OF 
THE COMMISSIONER OF LABOR AND THE EMPLOYEES OF THE 
DEPARTMENT; PROVIDING FOR A BOARD OF ABRITRATION TO 
ACT IN CONJUNCTION WITH THE COMMISSIONER OF LABOR 
IN CERTAIN INSTANCES AND PRESCRIBING CERTAIN PENAL¬ 
TIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ACT, 
AND MAKING APPROPRIATIONS FOR THE CARRYING OUT OF 
THE PROVISIONS OF THIS ACT. 

AN INITIATIVE MEASURE 

To be submitted to the qualified electors of the State of Arizona 

for their approval or rejection at the 

‘ REGULAR GENERAL ELECTION 
to be held 

ON THE SEVENTH DAY OF NOVEMBER, 1916. 

By initiative petition of the people filed in the office of the Secretary 
of State, July 6, 1916, in accordance with the provisions of 
Paragraph 3328, Chapter 1, Title XII, Revised 
Statutes of Arizona, 1913, 

Civil Code. * 


Printed in pursuance of Paragraph 3332, Chapter 1, Title XXII, 
Revised Statutes of Arizona, 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will 
be printed on the official ballot: 

PROPOSED BY INITIATIVE PETITION OF THE PEOPLE. 


AN ACT 

CREATING A DEPARTMENT OF LABOR: PRESCRIBING THE 
DUTIES, POWERS, QUALIFICATIONS AND COMPENSATION OF 
THE COMMISSIONER OF LABOR AND THE EMPLOYEES OF THE 
DEPARTMENT: PROVIDING FOR A BOARD OF ARBITRATION TO 
ACT IN CONJUNCTION WITH THE COMMISSIONER OF LABOR 
IN CERTAIN INSTANCES AND; PRESCRIBING CERTAIN PENAL¬ 
TIES FOR THE VIOLATION OF THE PROVISIONS OF THE ACT, 
AND MAKING APPROPRIATIONS FOR THE CARRYING OUT OF 
THE PROVISIONS OF THIS ACT. 

_•_If you fa vor the above law, vote YES; if opposed, vote _NO. 

302 Yes. 

303 No. ~ 


(On Official Ballot, Nos. 302 and 303.) 

AN ACT 

CREATING A DEPARTMENT OF LABOR: PRESCRIBING THE 
DUTIES, POWERS, QUALIFICATIONS AND COMPENSATION OF 
THE COMMISSIONER OF LABOR AND THE EMPLOYEES OF THE 
DEPARTMENT: PROVIDING FOR A BOARD OF ARBITRATION TO 
ACT IN CONJUNCTION WITH THE COMMISSIONER OF LABOR 
IN CERTAIN INSTANCES AND PRESCRIBING CERTAIN PENAL¬ 
TIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ACT 
AND MAKING APPROPRIATIONS FOR THE CARRYING OUT OF 
THE PROVISIONS OF THIS ACT. 




















Submitted to the Electors of Arizona, November 7, 1916. 


67 


BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA: 

Section 1. That there is hereby established a Department of La¬ 
bor, the head of which shall be a Commissioner of Labor who shall be 
appointed by the Governor, and who shall hold office until his successor 
shall have been elected at the next general election thereafter and 
qualify. 

Sec. 2. The Commissioner of Labor so elected and all subsequent 
incumbents of said office shall be elected at general elections, shall serve 
for two years and until his successor is elected and shall qualify. 

Sec. 3. The office of the Department of Labor shall be located at 
the State Capitol in a place to be provided by the Board of Control, or 
by such other authority as may be charged with providing offices for 
officers of the State. 

Sec. 4. The Commissioner of Labor shall be a qualified elector of 
the State and a resident thereof at least five years prior to his appoint¬ 
ment or election; he shall be not under twenty-one years of age, and 
shall have been practically engaged in some of the trades or industrial 
pursuits for a period of not less than five years preceding his appoint¬ 
ment or election. 

Sec. 5. The Commissioner of Labor shall receive as full com¬ 
pensation for his services a salary payable at the rate of Three Thou¬ 
sand Dollars ($3,000.00) per year, which compensation shall be paid 
as the salary of other officers is paid; and the necessary traveling ex¬ 
penses incurred by the Commissioner of Labor or his deputies in the 
discharge of official duties shall be paid out of the general fund of the 
State. 

Sec. 6. The Commissioner of Labor, before entering upon the 
discharge of his duties, shall file an official bond in the sum of Five 
Thousand Dollars ($5,000.00), conditioned for the faithful performance 
of the duties of his office, in form and manner as other official bonds of 
State offices. 

Sec. 7. The Commissioner of Labor shall appoint a deputy, who 
shall be a competent stenographer, and shall do and perform such 
duties as are prescribed by the Commissioner of Labor, and shall re¬ 
ceive as full compensation for his services a salary payable at a rate of 
Eighteen Hundred Dollars ($1800.00) per year, and who shall file a 
bond of Twenty-five Hundred Dollars ($2500.00), conditioned the same 
as the bond of the Commissioner. 

Sec. 8. All employees of the Department of Labor shall be under 
supervision of said Commissioner and shall hold office at the pleasure 
of the Commissioner of Labor. 

Sec. 9. The Commissioner of Labor shall have a seal bearing the 
words: “Department of Labor, State of Arizona,” and said seal shall be 
affixed to official documents only. 

Sec. 10. The Commissioner of Labor shall collect, assort, syste¬ 
matize and publish annually, statistical details relating to all depart¬ 
ments of labor and industrial endeavor in the State, including penal 
institutions, and particularly concerning the hours and wages of labor, 
estimated number of persons, male and female, depending on daily labor 
fpr their support, cost of living, the estimated number of persons, male 
and female, employed by the several industries within the State, num¬ 
ber of unemployed, male and female, nativity and citizenship of such 
persons, the operation of labor-saving^machinery, the productive indus¬ 
tries of the State, the number and character of accidents to persons 




68 


Pamphlet Containing Measures to Be 


engaged in the industries of the State and the several causes therefor, 
and by what safty devices or protection, if any, such accidents can be 
avoided; and to gather and report such other information relating to 
the industrial, social, educational, moral and sanitary conditions as may 
be available. The Commissioner of Labor shall systematize and keep 
on file all data and information obtained by him in the performance of 
his duties, a^d shall annually present to the Governor of the State a 
report of the work done by his department. Copies of such report shall 
be published and distributed at the expense of the State as a public 
document. Thirty days before the convening of each legislature in 
regular session the Commissioner of Labor shall transmit to each mem¬ 
ber-elect a copy of the two annual reports with such recommendations 
for legislation as he may deem beneficial to his department. 

Sec. 11. The Commissioner of Labor and all appointees connected 
with the Department shall have full authority and power to enter at all 
hours, any factory, workshop, hotel, store, mine, smelter or other in¬ 
dustry, and all places where labor is employed, in the discharge of the 
duties of his office. In the event of such entrance being denied the 
Commissioner or his appointees, he may immediately call upon the 
proper police power for assistance in the discharge of his duties. 

Sec. 12. Any person who shall wilfully impede or obstruct the 
Commissioner of Labor in the full and free performance of his duties, 
or refuses to furnish such information to the Commissioner of Labor 
as may be by him desired, shall be guilty of a misdemeanor, and upon 
conviction thereof shall be punished by a fine not to exceed Two Hun¬ 
dred and Fifty Dollars ($250.00) and by imprisonment in the County 
Jail for not less than thirty (30) days, nor more than six (6) months. 

Sec. 13. The Commissioner of Labor shall have power to compel 
the attendance before him of all persons whenever in his opinion it is 
deemed necessary, and he may examine such persons as witnesses under 
oath, and for that purpose he is hereby authorized to administer an oath, 
in the performance of his duty; and he shall have power to compel the 
production of books and papers when deemed necessary by him. 

Sec. 14. If the Commissioner shall learn of any violations of the 
law of the State with respect to employment of miners, the safety of 
employees, or the preservation of Health, or in any other way affecting 
the employees, he shall have authority to act on his own initiative, and 
ne shall at once give written notice of the fact to the county attorney 
ot the county in which the law has been violated, and the county attor¬ 
ney to whom such notice has been given shall immediately institute 
the proper proceedings against the accused person or persons and in no 
case shall he divulge the source of his information as to such violations. 

Sec. 15. It shall be the duty of all State, county and precinct 
officers to furnish upon the request of the Commissioner of Labor all 
the information in their possession to assist in carrying out the objects 
and purposes of this Act. 

Sec. 16. In addition to the powers and duties with which the 
Commissioner of Labor is hereinbefore invested, he shall immediately 
make an investigation of all labor disputes and forthwith report his 
finding to the Governor; shall act as chief arbitrator in all strikes 
lockouts, labor or industrial controversies, of whatsoever nature or 
kind arising within this State between an employer or employers and 
employees when said dispute or controversy shall be submitted to a 
board of arbitration as hereinafter provided for. 

Sec. 17. Whenever a strike or lockout occurs or is seriously 



Submitted to the Electors of Arizona, November 7, 1916. 


69 


threatened, the Commissioner of Labor shall proceed promptly to the 
locality thereof and endeavor by mediation to effect an amicable settle¬ 
ment of the controversy. 

Sec. 18. For the purpose of examining into and settling such dis¬ 
putes and controversies, as there may arise from time to time, the 
Commissioner of Labor may associate with himself as a board of arbi¬ 
tration two other members, one of which, if the employees concerned 
are in good standing in a labor organization may be appointed by such 
organization and one by the employer, but the life of such board shall 
cease in each instance of its convocation upon the entering of its award 
or decision. The Commissioner of Labor shall be chairman of the 
board. Two members of such board shall constitute a quorum for the 
transaction of business. 

Sec. 19. Any and all grievances, controversies or disputes between 
an employer and his employees may be submitted to the board for arbi¬ 
tration, as hereinbefore constituted for their determination and settle¬ 
ment. Such submission shall be in writing and contain a statement in 
detail of the grievance or dispute and the cause thereof, and also a 
written agreement to abide by the determination of the board, provided, 
however, that such agreement shall not be binding on either party to the 
controversy. Upon such submission the board shall examine the matter 
in controversy and all hearings of said board shall be open to the public. 
For the purpose of such inquiry the board may subpoena witnesses, 
compel their attendance, take and hear testimony, and call for and ex¬ 
amine books, papers and documents of any party to the controversy. 
Subpoenas shall be issued by the chairman under the seal of the De¬ 
partment of Labor. 

Sec. 20. Within fifteen days after the completion of every arbi¬ 
tration the board or a majority thereof shall render a decision stating 
such details as will clearly show the nature of the controversy, and the 
points disposed of by them, and make a written report of their findings 
of facts and of their recommendation to each party of the controversy. 
Every decision and report shall be filed in the offices of the Department 
of Labor and a copy thereof served upon each party to the controversy. 

Sec. 21. The Commissioner of Labor shall incorporate in his an¬ 
nual report, hereinbefore authorized, a statement of the operation and 
of the results accomplished by these several boards as they may sit 
from time to time. 

Sec. 22. There is hereby appropriated annually, a sum sufficient 
to carry out the provisions of this act, payable upon approval of the 
Commissioner of Labor out of any money in the general fund not other¬ 
wise appropriated, and the State Auditor is hereby authorized and 
directed to draw his warrants on the general fund and the State Treas¬ 
urer is hereby authorized and directed to pay said warrants. 

Sec. 23. All acts and parts of acts in conflict with the provisions 
of this Act are hereby repealed. 

Filed July 6, 1916. 


SIDNEY P. OSBORN, Secretary of State. 



70 


Pamphlet Containing Measures to Be 


ARGUMENT. 
(Affirmative.) 
Submitted by 


ARIZONA STATE FEDERATION OF LABOR. 

In favor of the measure designated on the official ballot as follows: 

PROPOSED BY INITI ATIV E PET ITI ON. __ 

AN ACT 

CREATING A DEPARTMENT OF LABOR, PRESCRIBING THE 
DUTIES, POWERS, QUALIFICATIONS AND COMPENSATION OF 
THE COMMISSIONER OF LABOR AND THE EMPLOYEES OF THE 
DEPARTMENT, PROVIDING FOR A BOARD OF ARBITRATION TO 
ACT IN CONJUNCTION WITH THE COMMISSIONER OF LABOR 
IN CERTAIN INSTANCES, AND PRESCRIBING CERTAIN PENAL¬ 
TIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ACT, 
AND MAKING APPROPRIATION FOR THE CARRYING OUT OF 
THE PROVISIONS OF THIS ACT. 


If you favor the above law, vote YES; if opposed, vote NO. 
302 Yes. 

"303 No. __ 

ARGUMENT IN FAVOR OF THE DEPARTMENT OF LABOR. 


Capital and labor in industry, together with business and public 
interests dependent thereon, or benefitted thereby, require authentic 
statistical information as a basis to guide and direct efforts to protect 
and promote square dealing and to establish peaceful and harmonious 
relations between employer and employed, the people and the State, 
and to hasten the securing of such beneficial results, Arizona needs a 
Department of Labor. 

The proposed Department is charged with the duty of collecting, 
compiling, systematizing and publishing statistics, relating to mining, 
manufacturing, building, railroading, and other industries; the condi¬ 
tions under which labor is performed, the hours worked, wages paid, 
sanitation and safety provided; to provide for mediation and arbitra¬ 
tion between employers and employees in disputes leading to strikes, 
lock-outs and public inconvenience; to see that laws are enforced 
against negligence and indifference which bring hardship, loss of health, 
accident or death to employees; to do other things tending to aid the 
State and the people to deal fairly with employing capital and employed 
labor, to establish more amicable and equitable relations in their deal¬ 
ings with each other and thus assure a closer and better co-operation 
of State and public interests. 


Bureaus of Labor are recognized as valuable auxiliaries to 
government. This is evidenced by their establishment in all civilized 
countries, by the National Department, the Secretary of which is in 
the President’s cabinet, and by the fact that in thirty-eight States and 
in Porto Rico, Hawaii, and in the Philippine Islands they are maintained 
and declared beneficial in their operation. 

The mineral and agricultural wealth of Arizona are sure precursors 
of great industrial growth and activity and this State, guided by the 
experience of our National and other State governments should estab¬ 
lish a Labor Department, providing in this way for the better protec 
tion and promotion of public interests as represented by fair play to 
those engaged m earning wages or interest upon investment in indus 
trial enterpnzes. ARIZONA STATE FEDERATION OF LABOR 

B. T. WILKINSON, President. ’ 
























Submitted to the Electors of Arizona, November 7, 1916. 


71 


AN ACT • 

TO ESTABLISH THE OFFICE OF STATE ARCHITECT AND 
SUPERINTENDENT OF BUILDING, PRESCRIBING HIS QUALIFI¬ 
CATIONS AND DUTIES, FIXING HIS COMPENSATION, PROVID¬ 
ING FOR SUCH EMPLOYEES AS FROM TIME TO TIME SHALL BE 
NECESSARY, FIXING THE COMPENSATION AND MAKING THE 
APPROPRIATIONS. 

AN INITIATIVE MEASURE 

To be submitted to the qualified electors of the State of Arizona 

for their approval or rejection at the 

REGULAR GENERAL ELECTION 
to be held i: 

ON THE SEVENTH DAY OF NOVEMBER, 1916. 

By initiative petition of the people filed in the office of the Secretary 
of State, July 6, 1916, in accordance with the provisions of 
Paragraph 3328, Chapter I, Title XXII, Revised 
Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, 
Revised Statutes of Arizona, 1913, Civil Code. 

‘SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will 
be printed on the official ballot: 

PROPOSED BY INI TIA TJ VE PETITION OF THE PE OP LE. 

AN ACT 

TO ESTABLISH THE OFFICE OF STATE ARCHITECT AND 
SUPERINTENDENT OF BUILDING, PRESCRIBING HIS QUALIFI¬ 
CATIONS AND DUTIES, FIXING HIS COMPENSATION, PROVID¬ 
ING FOR SUCH EMPLOYEES AS FROM TIME TO TIME SHALL 
BE NECESSARY, FIXING THE COMPENSATION AND MAKING 
THE APPROPRIATIONS. 

If you favor the above law, vote YES; if opposed, vote NO. 

304 Yes' ' 

__ 305 No. L ’ ’ \ ! 7 7 72 _ . 

(On Official Ballot, Nos. 304 and 305.) 

AN ACT 

TO ESTABLISH THE OFFICE OF STATE* ARCHITECT AND 
SUPERINTENDENT OF BUILDING, PRESCRIBING HIS QUALIFI¬ 
CATIONS AND DUTIES, FIXING HIS COMPENSATION, PROVID- 
NG FOR SUCH EMPLOYEES AS FROM TIME TO TIME SHALL BE 
NECESSARY, FIXING THE COMPENSATION AND MAKING THE 
APPROPRIATIONS. 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA: 

Section 1. The office of the State Architect and Superintendent 
of Building is hereby established. The office shall be maintained at 
the State Capitol, in a place to be provided by the Board of Control or 
by such other authority as may be charged with providing offices for 
officers of the State. 

Sec. 2. There is hereby created the office of State Architect and 
Superintendent of Buildings. Said Architect shall have charge of the 
affairs of said office. He shall be appointed by the Governor and shall 
hold office for two years, and until his successor shall have been ap¬ 
pointed and qualified. Said State Architect and Superintendent of 



















72 


Pamphlet Containing Measures to Be 


Buildings shall receive as full compensation for his services, a salary 
of Three Thousand Dollars ($3,000.00) per year, to be paid as pro¬ 
vided by law for the payment of salaries of other State offices, and 
necessary traveling expenses incurred by him in discharge of his duties. 

Sec. 3. The State Architect and Superintendent of Buildings shall 
have a Secretary who shall be a competent bookkeeper and stenogra¬ 
pher, to do and perform such duties as shall be required by law or by 
the State Architect and Superintendent of Buildings, and shall receive 
a salary of Fifteen Hundred Dollars ($1500.00) per year. The State 
Architect and Superintendent of Buildings is given power to remove 
said Secretary or any other employees who may be from time to time 
under his jurisdiction. 

Sec. 4. Before entering upon the discharge of the duties of his 
office, said State Architect and Superintendent of Buildings shall give 
a good and sufficient bond to the State of Arizona in the penal sum of 
Ten Thousand Dollars ($10,000.00), conditioned for the faithful per¬ 
formance of the duties of his office, in form and manner as other offi¬ 
cial bonds of State officers. 

Sec. 5. The State Architect and Superintendent of Buildings shall 
provide all plans and specifications for the erection of new buildings, or 
additions to buildings now owned and controlled by the State of Ari¬ 
zona, furnish fixed details of such building, buildings or additions as 
may be called for by law, or other constituted authority, together with 
the class and approximate estimate of the amount of material, probable 
cost of same and all other information called for, and shall furthermore 
have complete charge of the erection of all State buildings, additions or 
repairs to same, and for this purpose is hereby given power to employ 
foremen, mechanics and laborers, and assistant draftsmen, as the oc¬ 
casion may require, for the carrying on of such work, provided, how¬ 
ever, the per diem paid to such foremen, mechanics and laborers shall 
be no less than the standard daily wage in the county or district wherein 
such buildings, additions or repairs are to be erected or made. All 
tools and material or whatsoever nature for the carrying on of all 
building, additions or repairs shall be furnished by the Board of Con¬ 
trol, or whatever authority may hereafter have charge of furnishing 
supplies for State institutions, and for this purpose shall furnish said 
purchasing department with a bill of material in detail as to quantity, 
quality and kind, if needed, and such other details as he deems neces¬ 
sary for the economical carrying on of his office. 

Sec. G. The State Architect and Superintendent of Buildings shall 
have the following qualifications: 

Shall be a skilled Architect, shall have been for at least three years 
next preceding his appointment, a resident of the State and for not 
less than five years actively engaged in a business of planning and 
erecting buildings, and additions of such character as would assure his 
bein^ qualified for the planning and erecting of a kind that the State 
may need now or in the future. 

Sec. 7. There is hereby appropriated from the State Treasury, 
annually, a sum sufficient to carry out the provisions of this act, pay¬ 
able upon approval of the State Architect and Superintendent of Build¬ 
ings out of any money in the general fund not otherwise appropriated, 
and the State Auditor is hereby authorized and directed to draw his 
warrant from the general fund, and the State Treasurer is hereby au¬ 
thorized and directed to pay said warrant. 

Sec. 8. All acts and parts of acts in conflict with this Act arc 
hereby repealed. 

Filed July 6, 1916. SIDNEY P. OSBORN, Secretary of State. 




Submitted to the Electors of Arizona, November 7, 1916. 


73 


ARGUMENT. 

(Affirmative.) 

Submitted by 

ARIZONA STATE FEDERATION OF LABOR. 

In favor of the measure designated on the official ballot as follows: 


PROPOSED BY INITIATIVE PETITION. 


AN ACT 

ESTABLISHING THE OFFICE OF STATE ARCHITECT AND 
SUPERINTENDENT OF BUILDING, PRESCRIBING HIS QUALIFI¬ 
CATIONS AND DUTIES; FIXING HIS COMPENSATION; PROVID¬ 
ING FOR SUCH EMPLOYEES AS FROM TIME TO TIME SHALL 
BE NECESSARY, FIXING THE COMPENSATION AND MAKING 
APPROPRIATIONS. 

If you favor the above law, vote YES; if opposed, vote NO. 


304 Yes. 

305 No. 


ARGUMENT IN FAVOR OF ESTABLISHING THE OFFICE OF 

STATE ARCHITECT. 

Arizona is young, growing State, and for a long period to come 
each passing year will see buildings of all kinds, repairs, alterations 
and extensions, added to the present group of State properties. 

Whenever a building is now erected by the State its construction 
is placed in the hands of some commission, or officer, who in turn seeks 
the aid of an architect to prepare the plans and specifications. For 
this the architect receives a large remuneration based upon the esti¬ 
mated cost of the building. In addition either the architect or some 
contractor is employed at high rates to superintend the actual con¬ 
struction of the building, and the purchasing agent of the institution, 
or the designated officer, enters the market in search of only the amount 
of material needed for the one building in question. 

With a State Architect, drawing a fixed compensation, all of this 
could be changed. Should the State erect one building or twelve, the 
compensation of the Architect would remain the same, and those of 
you who have built homes or are planning to do so, can from experi¬ 
ence determine what this would mean to the taxpayers of the State. 
In addition the material needed would be purchased at one time, and 
the Architect would be the superintendent in charge of the construc¬ 
tion, saving heavy charges. 

It would insure uniformity in State buildings; abolish the present 
haphazard system of construction; avoid the selection of unsuitable 
materials; lower the cost of building, and substitute a definite plan of 
extension for the present wasteful and extravagant method of building 
only for immediate needs. It would also enable the Legislature to 
adopt a budget system for expenditures on present and future build¬ 
ings, and in many other ways provide an economical method of con¬ 
struction. 

ARIZONA STATE FEDERATION OF LABOR, 

B. T. WILKINSON, President. 










74 


Pamphlet Containing Measures to Be 


AN ACT 

; A ) 

RELATING TO THE PRESERVATION OF FISH AND GAME 
AND AMENDING PARAGRAPHS 654 AND 670, TITLE XVIII, 
PENAL CODE OF THE REVISED STATUTES OF ARIZONA, 1913. 

• ' », *' j 1 ■ »• • i V -jr ‘ - ... * *9 4- “ “, 

AN INITIATIVE MEASURE- " 

To be submitted to the qualified electors of the State of Arizona for 

their approval or rejection at the 

REGULAR GENERAL ELECTION 

to be held 

ON THE SEVENTH DAY OF NOVEMBER, 1916. 

By initiative petition of the people filed in the office of the Secretary 
of State, July 6, 1916, in accordance with the provisions of 
Paragraph 3328, Chapter I, Title XXII, Revised 
Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, 
Revised Statutes of Arizona, 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will 
be printed on the official ballot: 


PROPOSED BY INITIATIVE PETITION OF THE PEOPLE. 


AN ACT 

RELATING TO THE PRESERVATION OF FISH AND GAME 
AND AMENDING PARAGRAPHS 654 AND 670, TITLE XVIII, 
PENAL CODE OF THE REVISED STATUTES OF ARIZONA, 1913. 

If you favor the above law, vote YES; if opposed, vote NO. 


306 Yes. 


307 No. 


3 




















Submitted to the Electors of Arizona, November 7, 1916. 


75 


(On Official Ballot, Nos. 306 and 307.) 

AN ACT 

RELATING TO THE PRESERVATION OF FISH AND GAME 
AND AMENDING PARAGRAPHS 654 AND 670, TITLE XVIII, 
PENAL CODE OF THE REVISED STATUTES OF ARIZONA, 1913. 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA: 

Sec. 1. That Paragraph 654, Title XVIII, of the Penal Code, 
Revised Statutes of Arizona be, and the same is, hereby amended to 
read as follows: 

Par. 654. The possession of game or fish at any time, unaccom¬ 
panied by a valid license or permit, shall be prima facie evidence that 
such game or fish was unlawfully taken and is unlawfully held. And 
it shall be the duty of every person to produce a proper license or 
permit when called upon to do so by any game warden and permit the 
same to be examined and copied. 

The open season, inclusive of both dates mentioned, for hunting 
or taking game birds, game animals and fish, and the bag limit on 
each, shall be as follows: 

Male deer, October 1, to November 1; bag limit, one deer with 
horns, during season. 

Wild turkey, October 1, to November 1; bag limit, two, during 
season. 

Ducks, geese, coots, rail and larger shore birds, October 15 to 
January 31; bag limit, 20 birds of all said varieties in one day, or in 
possession at any one time. 

Doves and whitewings, July 15 to December 31; bag limit, not 
exceeding 25 birds in possession at any one time, or in one day, count¬ 
ing both varieties. 

Gambel’s or Valley quail, October 15 to December 31; bag limit, 
not to exceed 20 birds in one day or in possession at any one time. 

Trout, of all kinds, June 1, to September 1; bag limit, 25 individ¬ 
ual fish, not less than seven inches long, in one day or in possession at 
one time. 

All other kinds of fish, January 1, to December 31; bag limit, not 
to exceed 25 pounds in one day, or in possession at one time, including 
all kinds here referred to. 

Sec. 2. That Paragraph 670, Title XVIII, Penal Code, Revised 
Statutes of Arizona be, and the same is hereby amended to read as 
follows: • ‘ 

Par. 670. The State Game Warden and license collectors shall 
charge and collect the following license fees: 

A fee of $1.25 shall be collected from a resident for a license to 
fish by means of hook and line in the public waters of the State, and 
to hunt and take any kind of game during the open season therefor, 
on the public domain. 

A fee of $20 shall be collected from aliens and non-residents for 
a license to fish in the public waters of the State, by means of hook 
and line and to hunt and take any kind of game during the open sea¬ 
son therefor, on the public domain. 

A fee of $10 shall be collected from aliens and non-residents for 
a license to fish by means of a hook and line, in the public waters of 
the State, and to hunt and take any kind of game during the open 
season therefor (excepting deer and turkey), on the public domain. 

Sec. 3. All acts and parts of acts conflicting with this act are 
hereby repealed. 





76 


Pamphlet Containing Measures to Be 


ARGUMENT. 

(Negative.) 

' . Submitted by 

THE ARIZONA SPORTMAN’S ASSOCIATION 
Against the Measure designated on the official ballot as follows: 


PROPOSED BY INITIATIVE PETITION OF THE PEOPLE, 

?• •• •* r i ~ • ■ - • •• • ■ r n ■ : ■ 






AN ACT 




RELATING TO THE PRESERVATION OF FISH AND GAME 
AND AMENDING PARAGRAPHS 654 AND '670; TITLE XV HI, 
PENAL CODE OF THE REVISED STATUTES OF ARIZONA, 1913. 
If you favor the above law, Vote YES; if opposed, vote NO. 


306 Yes. 



■ *; -V ) 

307 No. 



: 


ARGUMENT - ■ ; 

ARGUMENT OPPOSING AMENDMENTS TO THE GAME LAWS, 
SUBMITTED BY THE ARIZONA SPORTSMEN’S ASSOCIATION. 

The sportsmen of Arizona are the only ones directly interested in 
the enactment or enforcement of game laws. The farmers are also 
interested in many localities, in preventing the increase of certain game 
birds and animals which have been highly destructive to their crops. 
This measure cannot appeal to the grain-growing farmer, as it pro¬ 
hibits shooting of certain birds just prior to harvest time, and when 
the greatest damage can be done to crops. 

A license fee of $1.25 must be paid by every child who wants t 
sit on the bank of a stream and fish for bullheads or carp, or who goei 
out shooting with his father. Better give the children of Arizona a 
LITTLE SOMETHING in the way of pleasure without having to pay 
for it. 

X 

It is proposed to raise the license from fifty cents to $1.25 per 
year, to hunt on the “public domain”—that is, Government land; it 
requires no license on private lands. What’s the purpose? This de¬ 
partment of the State government is the only one which is not limited 
to specific amounts in its expenditures. The only limit is the amount 
of money in the Game Protection Fund. What have we today to show for 
the immense amount of money this department has cost the sports¬ 
men of Arizona? Not even a fish hatchery. We should have had 
two—one at Roosevelt, and one for trout in northern Arizona. 

The sportsmen and farmers are requested to read the preceding 
measure carefully. If you agree with us that the proper way to enact 
a game law, is to get expression from the sportsmen and farmers from 
all sections of Arizona, and not try to have adopted the ideas of one 
man, vote NO. 

Respectfully submitted, 

THE ARIZONA SPORTSMEN’S ASSOCIATION, 

D. E. MORRELL, Secretary. H. P. DeMUND, President. 

Phoenix, July 24, 1916. 

















Submitted to the Electors of Arizona, November 7, 1916. 


77 


AN ACT 

TO AMEND PARAGRAPHS 3859 AND 3860, CHAPTER IV, 
TITLE 32, REVISED STATUTES OF ARIZONA, 1913, CIVIL CODE, 
RELATING TO ABSOLUTE DIVORCE. 




AN INITIATIVE MEASURE 

To be submitted to the qualified electors of the State of Arizona for 
; ( i. their approval or rejection at the 

REGULAR GENERAL ELECTION ' ^ 

- ■- • ; .[-• jits • n • r Yi & • • 

% to be held 

ON THE SEVENTH DAY OF NOVEMBER, 1916. 

• ■ •- • - . •• .•'-•..»*! " ... ‘ ; t.“ l -i . ‘ .' ; 

• : f| - ■. - '■ . ' • k ’■ i Jf (i i ■ l • .- • ' ; : ■ • • 

By initiative petition of the people filed in the office of the Secretary 
of State, July-6, 1916, in accordance, with the provisions of 
»Paragraph. 3328, Chapter I, Title XXII, Revised 
Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, 
Revised Statutes of Arizona, 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will 
be printed on the official ballot: 


PROPOSED BY INITIATIVE PETITION OF THE PEOPLE. 


AN ACT 

%■ • ' ■ * ’-ij 

TO AMEND PARAGRAPHS 3859 AND 3860, CHAPTER IV, 
TITLE 32, REVISED STATUTES OF ARIZONA, 1913 CIVIL CODE, 
RELATING TO ABSOLUTE DIVORCE. 

If you favor the above law, vote YES; if opposed, vote NO. 


308 Yes. 


309 No. 


(On Official Ballot, Nos. 308 and 309.) 

AN ACT 

TO AMEND PARAGRAPHS 3859 AND 3860, CHAPTER IV, 
TITLE 32, REVISED STATUTES OF ARIZONA, 1913 CIVIL CODE, 
RELATING TO ABSOLUTE DIVORCE. 













78 


Pamphlet Containing Measures to Be 


--- -— - 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA: 

Section 1. That Paragraph 3859, Chapter IV, Title 32, Revised 
Statutes of Arizona, 1913 Civil Code, be amended to read as follows: 

3859. A divorce from the bonds of matrimony may be granted 
by the superior court of the county where the parties, or one of them, 
reside, on the application of the aggrieved party, by complaint, in any 
of the following cases: 

(1) When adultery has been committed by either husband or 

wife. 

(2) When one of the parties was physically incompetent at the 
time of marriage and the same has been continued to the time of the 
commencement of the suit. 

(3) When one of the parties has been convicted of a felony and 
sentenced to imprisonment therefor in any prison. Provided, that no 
suit shall be sustained because of the conviction of either party for a 
felony until one year after final judgment of conviction, and provided- 
further that the husband has not been convicted on the testimony of 
the wife, nor the wife on the testimony of the husband. And no par¬ 
don granted to either party shall take from the other the right to sue 
for and procure a decree of divorce for the causes mentioned in this 
subdivision. 

(4) When one of the parties has been adjudged or determined 
to be insane by a court or commission of competent jurisdiction. 

(5) When either party has wilfully deserted the other for the 
term of one year next preceding the commencement of the suit, or for 
habitual intemperance of either party. 

(6) When either party habitually uses, or becomes addicted to 
the use of opium, morphine, or cocaine, or any of the derivatives of 
opium, morphine or cocaine. 

(7) Where the husband or wife is guilty of excesses, cruel treat¬ 
ment or outrages toward the other, whether by the use of personal 
violence or other means. 

(8) When the husband has neglected for the period of one year 
to provide his wife with the common necessaries of life, having the 
ability to provide the same, or failing to do so by reason of his idle¬ 
ness, profligacy or dissipation. 

(9) When prior to the marriage either party shall have been con¬ 
victed of a felony or infamous crime in any state, territory or country 
without the knowledge on the part of the other party of such fact at 
the time of such marriage. 

(10) When prior to the marriage, either party shall have con¬ 
tracted, or be afflicted with, an incurable veneral disease or other in¬ 
curable infectious or contagious disease without the knowledge on the 
part of the other party of such fact at the time of such marriage. 

(11) In favor of the husband when the wife at the time of the 
marriage shall have been pregnant by another man than the husband 
and without his knowledge at the time of such marriage. 

Section 2. That Paragraph 3860 ,Chapter IV, Title 32, Revised 
Statutes of Arizona be amended to read as follows: 

3860. No suit for divorce from the bonds of matrimony shall be 
maintained in any court unless the plaintiff shall, at the time of filing 
his or her complaint, have been an actual bona fide resident of the 
State for six months and shall have resided in the county where the 
suit is filed six months next preceding the filing of the suit, and unless 
such residence shall have been acquired in good faith and not for the 
purpose of obtaining a divorce. 

Filed July 6th, 1916. SIDNEY P. OSBORN, Secretary of State. 









